Legal Basic And Criminal Law Regulation Of Restrictions On Surrogacy

With the continuous development of the practice of social life,the pressure of production and living has been increasing,and the probability of infertility has increased.More and more women of childbearing age have obstacles in natural fertility and cannot complete the breeding process through normal natural reproduction methods.The existence of high infertility is a challenge to the long-term survival of human society."Human" is an essential factor in forming a family,and family is the basic organic structure of social existence.With the continuous progress of society,the driving force of the technology can not be ignored.The development of artificial assisted reproductive technology has made a huge leap forward.The existence and application of surrogacy technology is the application of artificial assisted reproductive technology.Surrogate technology must be strictly limited under certain conditions.Limiting surrogacy refers to an artificial assisted reproductive method that meets certain subject and object conditions and can be approved only after review and approval.The application of limited surrogacy can be found from the legal principles of body rights,reproductive rights,utilitarianism,non-injury,non-prohibition,freedom of contract,and traditional ethics.Qualified surrogacy should be granted,and illegal surrogacy should be regulated accordingly.The illegal use of surrogacy is in line with the essential requirements of the criminalization of criminal law,consistent with the modesty of criminal law,and satisfies the purpose of protecting the normal social order and the safety and property of the general public.Acts against illegal surrogacy do not require the setting up of special unlawful surrogacy offences.The identification and punishment of different illegal surrogacy actions should be made according to the different subjects and crimes involved in the current criminal law in terms of principal and accessory offences,and regulations,frauds,reinstatement and other crimes inc.