How Does Public Power Intervene In The Private Domain

With the rapid development and widespread application of artificially assisted reproductive technology,the technical,ethical and legal problems caused by it have also emerged.Cases caused by disputes with artificially assisted reproduction in the West have been around for a long time.The results of judicial decisions in different periods reflect the evolution of the positions and attitudes towards artificially assisted reproduction in different countries or regions.Specifically,in China,the occurrence of many first cases and social hot events caused by artificial assisted reproduction,such as the nation’s first “ case of inheritance rights disputes of frozen embryos” in 2014,the nation’s first case of “nursing rights disputes caused by illegal surrogacy” in 2016,the world’s first “gene editing baby”event in 2018,and in 2019,the first "Single Female Frozen Egg Case" highlights the necessity and urgency of the legal regulation on artificially assisted reproduction in China.Artificially assisted reproduction is the correction and supplementation for natural reproduction out of necessity under the background of the revolution in fertility technology.Artificially assisted reproduction guarantees the equal realization of the reproductive rights of infertile people.It is an extension of natural reproductive behavior through technology and an expansion of the private rights,which greatly expands the space for free exercise of reproductive rights.The rapid development of modern science and technology has expanded the possibility space of subject behavior,and also increased the possibility of interest conflicts between subjects.Once the individual’s reproductive freedom enters the framework of the state system,it will inevitably conflict with the state’s public power.Fertility is the intimate activity of an individual,which should not be subject to the intervention and interference of public power of the state,but no freedom is unrestricted,and the exercise and enjoyment of individual rights and freedoms should be restricted by the law.In particular,assisted reproductive technology in the era of fertility technology revolution continues to expand the space for human fertility choices,new fertility forms and methods continue to emerge,thus a series of social problems and regulatory dilemmas have also become prominent.At this time,it is particularly necessary for public power to intervene in the field of human reproduction through legal channels,adjust and standardize fertility behavior,and maintain a good fertility order.As the main means of modern civilized society to regulate behaviors,adjust relations,and carry out social control,the law must adjust and regulate the conflicts between individual reproductive rights and social public and private rights and interests in the implementation of artificially assisted reproductive technology.In order to properly intervene in the field of fertility,the public power of the state must scientifically define the boundary between public interest and personal interest,and make it clear in the form of law.With the rapid development of artificially assisted reproductive technology,fertility choices will be gradually strengthened as personal privacy.Against the background of the fertility revolution,the self-empowerment of social subjects to realize the increase of rights challenges the governance pattern of the country in the era of artificially assisted reproduction.The artificially assisted reproductive technology should be guaranteed and regulated by law.At the same time,it is also necessary to effectively prevent and control the risks and problems brought about by the research and application of technology,and to properly intervene and rectify the problems that the implementation of technology may endanger the public order and the possible private rights.What need to be considered are that under what circumstances and standards,and to what extent,the state public power can intervene in the field of private reproduction,and where the boundaries of private reproductive freedom are.Only by accurately grasping the boundaries and limits of public power’s involvement in the private domain,can we achieve the pattern of balance and good governance of public power and private right in the regulation of artificially assisted reproductive law,and realize the rule of fertility.Public power organs can only intervene in the private rights of individuals for two purposes: to safeguard the public interest of the society or to prohibit damage to the rights of others.Moreover,the degree of intervention shall be limited to safeguarding public interests and the legitimate rights and interests of others,and shall not infringe on the minimum individual rights.By transforming the reasonable expectations of continuation of future generations into reproductive freedom and reproductive rights,the law has implemented deep-rooted public power intervention in artificially assisted reproduction as a field of private behavior freedom.How to realize the appropriate intervention and regulation of public powers in the field of reproduction through legal regulation,and to maximize the full enjoyment of citizens ’reproductive freedom as well as the equal realization of reproductive rights on the basis of guaranteeing the freedom of scientific research,are the issues that this article needs to focus on.In fact,the regulation of the implementation of artificially assistedreproductive technology by the public power of the State and the handling of disputes caused by the implementation of technology by the judiciary organ all reflect the limit of public power’s intervention in the field of private reproduction.Even though the current domestic legislation prohibits surrogacy and single female childbearing,it also shows that the intervention of public rights in the field of personal reproduction requires careful consideration of the rational and appropriate intervention of public rights and the coordination and balance between public and private rights.Through in-depth analysis of the jurisprudence basis and supervision dilemma of artificially assisted reproduction technology,this article explains the theoretical basis of public power intervention in the regulation of artificially assisted reproduction law,refines the principles of public power intervention,and puts forward related mechanism design.In order to grasp the rational limits of public power intervention in the regulation of artificially assisted reproduction,we should follow a series of philosophies and principles and construct relevant systems of public power intervention in the regulation of artificial assisted reproduction,to achieve a harmonious balance between public interests and private rights.The question explored in this topic is: the limits of public power’s involvement in the private domain in the legal regulation of artificially assisted reproduction.This issue not only involves the balance between public power and private rights,but also relates to the relationship between technological development and social governance.Based on the answer to this question,the selected topics will also provide theoretical basis,conceptual guidance and system design for China’s future legislation on artificially assisted reproduction.In addition to the introduction and conclusion,this article is divided into five chapters:artificially assisted reproductive technology and the social problems it causes,the theoretical basis of public power intervention in the regulation of artificially assisted reproduction,the principles of public power intervention,the main areas of public power intervention and the operating mechanism of public power intervention.The introduction part mainly explains the research background and significance,research status,research methods,research difficulties and innovations of this topic.Chapter Ⅰ: Artificially Assisted Reproductive Technology and the Social Problems CausedIn this chapter,on the basis of the explanation of the concept,classification,jurisprudence basis and implementation principles of artificially assisted reproductive technology,it raises questions by revealing the social risks caused by artificially assisted reproductive technology.As an emerging life science and technology,artificially assisted reproduction technology is related to the realization of freedom of birth and the equal birth rights,the maintenance of the birth order and the protection of the rights and interests of the subjects,public power intervention in reproductive domain is needed to regulate the conduction of artificially assisted reproduction and to protect the rights and interests of the subjects.Chapter Ⅱ: Theoretical Basis of the Intervention of Public Power in the Legal Regulation of Artificially Assisted ReproductionTaking legal autonomy and independence as a guarantee of personal freedom is the basic idea and common practice of modern countries with democracy and freedom.The core idea of the theory of freedom and ethics lie in the conditions under which the law can interfere with the individual ’ s possible lifestyle and the extent to which it can intervene.These are also the difficulties faced by artificially assisted reproductive technology as an emerging life science and technology.This chapter explains the theoretical basis of public power intervention in artificially assisted reproduction by demonstrating that the justification reason is to safeguard public interests,and the legitimacy boundary is to protect private rights.Chapter Ⅲ: The Basic Principles of Public Power Intervention in the Legal Regulation of Artificially Assisted ReproductionThis chapter mainly introduces the principles to be followed in the intervention of public power in the legal regulation of artificially assisted reproduction.By following these principles,the science,rationality and appropriateness of the intervention of public power in the regulation of artificially assisted reproductive laws are realized.This part attempts to combine the characteristics of artificially assisted reproductive technology to provide an in-depth explanation of the principles to be followed in the intervention of public power in the regulation of artificially assisted reproduction.By following these principles,the general boundary of the laws and regulations on artificially assisted reproduction is delineated,and the appropriate intervention of public power in the field of reproduction is realized.Chapter Ⅳ: The Main Areas of Public Power Intervention in the Legal Regulation of Artificially Assisted ReproductionThis part mainly introduces the main areas or scope of public power intervention in thelegal regulation of artificially assisted reproduction,and analyzes the disputes and existing problems caused by the implementation of specific technologies.The analysis and resolution of the risks and problems brought about by these specific technologies all contain the principles and limits of public power intervention in the lrgal regulation of artificially assisted reproduction,and also reflect the complexity of public power intervention in the field of artificially assisted reproduction.Chapter Ⅴ: Operating mechanism of Public Power Intervention in the Legal Regulation of Artificially Assisted Reproduction.On the basis of reviewing the supervision models of artificially assisted reproduction worldwide,this chapter makes mechanism designs that the legislation on artificially assisted reproduction should be strictly focused on ethical review,and that the improvement of legal regulation on artificially assisted reproduction.The clarification of the ethical and legal boundaries of technology implementation is key issue in the field of artificially assisted reproduction.Against the background that most countries and regions in the world have adopted special legislation to adjust assisted reproductive behaviors,China’s current legislation on adjustment of artificially assisted reproduction mainly focuses on the "Human Assisted Reproductive Technology Specifications" and "Human Assisted Reproductive Technology Management" issued by the former Ministry of Health.The "Regulations" in the two departmental regulations,and the relevant legislation pay more attention to the safe implementation of technology,and stay at the level of the technical regulation law.Therefore,it is in urgent needs to formulate the "Artificially Assisted Reproduction Law" in China to regulate and adjust the ethical,moral and legal issues brought about by artificially assisted reproduction in the form of specific legislation.It is not only a rational choice for China’s artificially assisted reproductive laws and regulations but also a necessary road to maintain reproduction order and rule of law in reproduction.The conclusion part proposes that maintaining the health,freedom and orderly development of scientific research activities within the scope defined by ethics and laws is the basic requirement for artificially assisted reproductive technology to benefit mankind on the basis of not infringing social public interests and the rights and interests of others.By studying the boundaries and limits of public power intervention in the field of artificially assisted reproduction,the general rules of public power intervention in the private domain are refined.The involvement of public power in the private sector should follow such two boundaries asthe protection of the protection and promotion of public interests and citizens’ private rights.At the same time,attention should be paid to avoid excessive public power intervention and maintain a good governance pattern of the balance of public and private rights.The rule of fertility is a reasonable limit for the intervention of public power in the field of assisted reproduction.