Research On The Criminal Regulation Of Surrogacy

The word "surrogate" implies the legal,ethical,social order and a series of complex social problems,which often cause the public talking.Surrogacy,not only spread rapidly in Chinese,development of "wind" in the world,and thus the birth of the so-called "tourism growth"(Reproductive Tourism),as part of a global industry.This has caused surrogacy profit organization nature of the subversion of social ethics,child trafficking,social management chaos,has serious harm to the social order management of the country.In order to deal with and solve these problems Already,some countries,international organization consciousness began to use legal means to regulate surrogacy.In China,only China’s Ministry of health promulgated the "measures for the administration of human assisted reproductive technology > third has carried on the principle of prohibition,the lack of specific means of regulation.In the judicial practice,the civil and commercial law solve only is a surrogate of reproductive rights disputes generated,does not regulate surrogacy,surrogate market fundamentally reduce the number of related cases,the purification of social order management in our country.In the face of profit organization surrogacy cases continue to occur frequently,the implementation of the main scope of expansion,the surrogate technology have been advanced,and the diffusion in the global scope,making As the management of social order is increasingly chaotic situation,some surrogate behavior into the punishment is represent the general trend.In view of this,this article through the collection,analysis of a large number of social judicial cases,the concrete ways to use the existing criminal law adjustment part of surrogacy,and analyze how to respect the moral bottom line,protect ordinary people of reproductive rights,further to deal with the moral and legal conflicts,a concrete plan to improve the relevant legislation.This article is about twenty-five thousand words,in addition to the introduction,is divided into three parts:The first part introduces the concept and classification of surrogacy,first introduced the concept of surrogacy,surrogacy will be simply divided into traditional medicine commercial surrogacy,surrogacy,surrogacy,surrogate unpaid,multinational surrogate four types;then introduces the current development status of surrogacy,the surrogate country of birth and the scope of the receiving country are constantly in the expansion,and the characteristics of China cheap labor has become the primary choice of other countries in the implementation of the surrogate behavior,so it is urgent to seek a reasonable legal mode to regulate it.The second part introduces the crime of partial surrogacy The necessity and feasibility of this part is to our country organization of surrogacy as the basic starting point,combined with the basic task of criminal law,other relevant state regulations of the criminal law on surrogacy method,can into the penalty "surrogate" made a clear definition;The third part is the core part of the article,mainly discusses under the existing legal system,how to use the criminal law to regulate surrogacy behavior better,the conflict between the moral requirements of maintaining social order and can handle criminal and surrogate behavior,based on the actual Chinese,get a more reasonable solution.