The International Treaty on Plant Genetic Resources for Food and Agriculture (hereinafter with the Treaty) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Sharing from Their Utilization to the Convention on Biological Diversity (hereinafter with the Protocol), which has established its own access and benefit-sharing mechanism, are both important international legal instruments in the in regard with access and benefit-sharing of genetic resources which have established their own access and benefit-sharing mechanism. However, China has not ratified both instruments due to the concerns about regulatory overlap, as well as the lack of understanding regarding the status quo of the protection and utilization of genetic resources. This article compares the Treaty and the Protocol from with objective, scope, the framework and model modality of access and benefit-sharing, and beneficiaries of two legal instruments, proposing. the The possibility possibilities of the ratification of the Treaty and the Protocol are analyzed based on the status quo review of the conservation and utilization of genetic resources in China: (1) both international legal instruments should be ratified; (2) the conservation of crop wild relatives should be strengthened to halt the outflow of resources, while implementing the Treaty; (3) monitoring and evaluating the utilization capabilities of genetic resources domestically, the revision proposal of the Protocol should be raised as appropriate time while implementing the Protocol.