Study On Legislative Problems Of Gene Crime

The human genome crime is a hot and difficult issue investigated in the criminal law field in recent years. From the point of view of ensuring social harmony in Transition period, punishing and preventing crime, and implementing the criminal policy of combining punishment with leniency. Strengthening the implementation and improving the Criminal Legislation of the human genome has a profound practical and legal significance."Rome was not built in a day". In view of the current situation that the human gene crime is still blank in our Penal Code, in order to do a good job of Criminal Legislation of the human gene crime, we must have an accurate and architectural grasp of basic situation, basic form, and possible risks of such crime. The basic principles of Marxist philosophy hold that practice is source, basement, purpose of theory; theory has a dynamic reaction on practice. Correct theory has a positive effect on practice, erroneous theory has a negative effect on practice. Only with serious investigation and practical study, to do a good and basic job on the theoretical study of criminal legislation, can we hit less snags and make less detours in the practice of criminal legislation. If we can do a good job above, it will be beneficial to preserve the order of our life science and technology supervision, to ensure the healthy development of human genetic technology, and to protect people’s lives and property effectively.The article is made up of three parts, which are introduction, text and conclusion. First of all, I will generalize and make a list of the concept, feature, types and existence of potential risks of the human genome crime. I will comb out the relevant circumstances concerning the human genome crime from the frame, and sketch out a general introduction of basic questions; Then, learn from the relevant foreign criminal legislation. I hope that it could provide suggestions for perfection of China’s criminal legislation through learning from the relevant foreign criminal legislation, search and make a summary of Criminal legislation of Human genetic research in Extra-territorial Penal Code, crimes in application area, reproductive cloning of human crime, violations of human genes privacy crime. Human gene therapy of crime and the military field of gene technology crime. Further more, basing on the macro perspective, start with establishing principles of Criminal Legislation in the human gene crime, make an analysis and pre-judgment of the problems which need attention in the legislative process of the human gene Crime. The main line of the basic ideas is the necessity, clarity and coordination of criminal legislation; Ultimately, basing on the microscopic perspective. On the basis of "recognition of problem" and "analysis of problem", and then to strive to "solve the problem". Conducting legislative proposals and the specific design on the criminal legislation of the human genome work, which is mainly expanded from the following three aspects:adjusting the attribution of criminal legislation, interpretation of criminal law, adding the relevant provisions of the Penal Code.