중국의 생물다양성 관련 법제에 관한 소고(小考)

China, as a mega diverse country and an early signatory to the Convention on Biological Diversity(CBD), has played a pivotal role in the international biodiversity protection regime. Recently, by holding the presidency of the 15th Conference of the Parties(COP15) and spearheading the adoption of the Kunming-Montreal Global Biodiversity Framework(GBF), China has further consolidated its international leadership. This marks a qualitative transition in China's status on the global stage, evolving from a “follower” to a “major participant,” and ultimately to a “proactive leader.” Despite these diplomatic achievements, however, China's domestic biodiversity legislation still faces structural limitations characterized by “legislative fragmentation” and a “lag in responding to new technologies.” Relevant provisions are dispersed across individual laws such as the Environmental Protection Law and the Biosecurity Law, resulting in a lack of systematic coherence. In addition, a normative vacuum persists in regulating rapidly evolving technological developments, including gene-editing techniques and digital sequence information(DSI), as well as challenges regarding access to and benefit-sharing of genetic resources. Against this backdrop, the article reviews the evolutionary trajectory of China's biodiversity legislation, identifies structural deficiencies in the current framework, and advances future-oriented reform proposals anchored in a “dual legislative track” and “technical suitability.” Specifically, it proposes: (1) achieving systemic integration by creating a dedicated chapter on biodiversity within the Eco-environment Code, while simultaneously pursuing the long-term enactment of a specialized Biodiversity Protection Law; and (2) enhancing legal-technical coherence by expanding the legal definition of genetic resources and establishing a dynamic risk assessment system capable of responding to scientific and technological change. Ultimately, the study aims to refine China's biodiversity legal system, strengthen its capacity to implement international treaty obligations, and contribute to the further development of global biodiversity governance.