Research On Legislative Regulation Of Human Gene Technology

scientific technology is a double-edged sword. As the most advanced bio-technology, gene technology has made major breakthrough in overcoming disease and promoting healthy birthing and child rearing.While bring precedent hope for the human being, the technology also brings diverse threats to the society and the legal system. Gene technology, also known as the recombinant DNA technology,is functioned to combine the genetic characters of different creatures to modify the biological hereditary characters, to meet various demand in human activity. With the scientific innovation and development, gene technology is being applied to medical treatment and health care on a lager scale and has made outstanding contribution to overcoming diseases. However, the fast-developing technology is influencing human health and interfering with the inoculation process. It imposes such huge challenge on the fundamental rights of human being, e.g. the right of life, privacy, equality and protecting progeny that the current legal system become no longer applicable in face with the new social relationship that arises with technology. At present,gene technology is inescapable to the sustainable development of the human society, and its huge impact toward the entire social interest is becoming more and more profound that makes it unpredictable. In the future, due to gene technology, species like orcs or cloning man, may occur and they might become severe threat to the sustainable development of human beings. The abuse of genetic weapons may harm the world peace, and not only a single nation, the whole world will be exposed to the risk of destruction. Therefore,anticipative law makers must ensure the legal system develop along with gene technology so that gene technology's development can be regulated and guided by state enforcement.Based on relative articles at home and abroad, this paper discussed the conflicts between genetechnology and basic human right, explains the course of gene technology development and the necessity of legal enforcement. Further more, we studied the international legislation and experiences of the US, EU and Japan, all of which have advanced gene technology and well-developed legal system. We come to a comprehensive and empirical conclusion based on the further comparison among legislative modes of the three, i.e. the US's less restrained mode, the strict mode of EU and the comprehensive mode of Japan. The conclusion will be a good reference for the related legislation of our country. Comparatively, China is not slow in the process of legislation for gene technology. Since 1990 s, tens of laws and regulations have been launched. Analyzing the current legislation situation of China, this paper summarized the three major weakness in the current legislation of gene technology, which are, firstly, lack of Constitutional protection for relative rights; secondly, lack of attention to gene technology's legislation and the low legislature level;thirdly, immature legislative system and narrow scale for adjustment. Current legislation with problems mentioned above falls far behind the fast-developing technology, making the latter no law to follow.Therefore, it is necessary and urgent to legislate and complete relevant laws of gene technology. In the final part of the paper, we offered strategies to improve China's legislation of human gene technology from three layers. Firstly, Constitutional protection should be enhanced; secondly, basic law and special law of human gene technology should be constituted; thirdly, the construction of relevant legal layer such as criminal law and administrative regulations should be improved.