| With the development and the use of the artificial reproductive technology (ART) and also with the increasing of the children from the ART, for a result, various of the cases about the human assisted reproductive is also increasing:such as alimony payment disputes of divorces, the recognition and disputes of inheritances, surrogacy disputes, etc. for there is no sound legal norms, it brings a lot of difficulties to the trial of the judiciary and causes much controversial in the communities. Although the at this stage the social disputes triggered by the technology are only about civil matters or administrative aspects, it is undeniable that, when there are a wide range of applications of the ART sometime, there will not be the problems in civil legal, when there is a serious threat to the social order, even when there is the harm to humanity itself, this technology will therefore inevitably leads to the criminal legal issues. This will be the original intention of this study.At present, many developed countries have the careful legislative systems on this technology and some related technology and the effects caused by this technology to make not only the continuous developing of science technology but also the reasonably limit. Such as Germany, Japan, Australia, Canada etc. The science and technology has no national boundaries, but there are different reactions on the legal issues arising from science and technology in different country due to the lag of legislation. As to our country, the traditional moral and ethical concepts are not weaker than any other countries and even stronger. Therefore, to make deep study of all kinds of social problems may bring by assisted reproductive technology, to learn constantly from the more comprehensive legislation and the good practices in other countries, and to amend or formulate new relevant laws and regulations, in order to avoid the lag of legal regulation caused by technological developments, to ensure that the assisted reproductive technology is implemented within the limits of reasonable standards, and to punish the abuse of the technology and all other kinds of illegal behaviors, so that the technology could be used reasonably to the maximum extent. In order to learn from the experience of the foreign legislative, this paper analyzes various types of assisted reproductive technology, meanwhile analyzing the legislative model, legislative style, the setting of the criminal charges and the setting of sentence of criminal legislation in a number of countries using the method of comparative analysis, historical analysis and sociological analysis. Combined with our existed legislation, the two kinds of regulatory measures will be taken:Firstly, before the building of relevant legislation, to regulate certain illegal actions or serious violations with the existing criminal law provisions following the principles of legality. Such as the analysis of the relationship between the implementation process of assisted reproductive technology and its related behaviors with intentional injury, intentional homicide, medical-accident crimes and the crime of false advertising and other existed clauses; secondly, when the conditions are ripe enough, the Legislature of our country should consider a specific legislation to regulate these behaviors. In this article charges related to crimes and criminal behavior caused by the implements of ART and other related action as the advices to the legislation later. Hoping that the discussing in this paper and views of the article can be beneficial to the improving of the legislations of our country. |
