Challenges And Legal Countermeasures Of Human Embryo Gene Editing Technology To The Fundamental Rights

The rapid development of modern embryo gene editing technology,while benefiting human life and health,has also brought a huge impact on the fundamental rights of the Constitution,such as the right to life,autonomy,and equality.Its core and essence are human dignity.challenge.With the continuous development of human society,all aspects of people’s production and life will inevitably face the huge impact of gene technology on the entire society,and its impact may be far-reaching and far-reaching.In this context,the existing laws and regulations are not able to cope with the new social relations.It is necessary to review and reflect on the current status of China’s legislation to clarify its functions and deficiencies in maintaining basic rights in the development of gene editing technology.At present,the legal documents related to gene editing in China are mainly several administrative regulations,such as "Human Embryonic Stem Cell Research Ethical Guiding Principles","Measures for the ethical review of Biomedical Research Involving Human Beings","Human Assisted Reproductive Technology Management Measures" and other Normative document.And the fact that the scope of the regulation is relatively narrow,although it has some legal issues related to gene editing,it obviously cannot meet the needs of practice.Since the difficulties of science and technology have been overcome,the prohibition of the law cannot eliminate the existence of embryo gene editing.With the development of embryo gene editing technology and research,the traditional human ethics and basic rights have been hit unprecedentedly.At this time,on the one hand,the society urgently needs to regulate the gene editing activities by the universal and effective means of law,in order to benefit humans and avoid harm;on the other hand,when gene editing is involved in human life,certain ethical concepts have to There must be certain changes,and such changes need to be affirmed and promoted by law.With reference to the achievements that domestic and foreign scholars have made on gene editing technology,this article selects the conflict between human embryo gene editing technology and people’s basic rights as the entry point,and clarifies the principle and development of human gene editing technology and the need for legislation Based on this,the feasibility of legal regulation is explored from the value basis of legal regulation,and the legislation experience outside the region is further compared,so as to provide a better reference for China’s gene editing technology legislation.Compared with developed countries,China’s legislation on gene editing technology is slightly behind.After explaining the current status of China’s legislation,the article summarizes four major shortcomings of China’s gene editing technology legislation.The problems existing in the legislation of gene editing technology make it difficult for our country to catch up with the pace of technological development and make the development of human embryo gene editing technology in China out of order.So it is very important to construct a complete legislative system to regulate and guide embryo gene editing technology.In the end,this paper proposes countermeasures to improve the legal regulations from three aspects in combination with China’s insufficient legislation and extra-territorial experience.The author believes that this will help to think about the application of the law,explore whether its practice can protect the basic rights that are vulnerable to infringement,and test the deficiencies of China’s current relevant legal norms and improve relevant legal norms.In addition,in the editing of embryonic genes,due to the uncertainty of basic research and the risk of clinical application,how to protect the basic rights of the editor becomes an important issue.This article hopes to promote the development of gene editing technology under the premise of protecting the basic rights of the editor,and put forward suggestions to improve the relevant supporting laws and regulations of human gene editing in China.