The Criminalization On The Organizational And Forced Surrogacy

In recent years,surrogacy has become a hot topic in both the news media and academia.In particular,the news that illegal surrogacy agencies violate citizens' rights and interests is more frequent.Surrogacy is Assisted Reproductive Technology which is forbidden in China.Even though the technology is off-limits to the medical community,it has been a first choice for most human who can not have children to make their dream come true.Commercial surrogacy agencies have formed a large-scale underground industry under the call of market demand.Among them,organization and coercion are commonly used to recruit surrogacy in these underground institutions.How to determine the nature of organization and forced surrogacy in law has become an unavoidable hot issue both in law and practice.The rapid development of the illegal surrogacy industry has brought about not only the custody disputes and surrogacy contract disputes,but also the urgent demand for clear legal norms aroused by the illegal application and operation of human reproductive assistance technology.In other words,on the issue of surrogacy,the contradiction faced by China is increasingly prominent,that is,the order of family planning management disturbed by the surrogacy industry in the "gray area" is contradictory to the current state that cannot be relied on.The blatant commercialization of childbearing goes against the requirements of core socialist values with Chinese characteristics.In this regard,moral and ethical constraints have been powerless,the law should be timely "complement".Therefore,based on criminal jurisprudence,organizational and forced surrogacy should be recognized as a crime which infringes legal interests seriously and encroaches on the society.To discuss the criminalization on the organizational and forced surrogacy,not only it should explore the reasons and necessity,but also propose some feasible legislative design ideas.The innovation of this paper is that it focus on the study of the theory of criminal jurisprudence.Especially in the discussion of the reasons of criminalization,this paper focus on the theoretical source analysis,rather than the social fatalness,necessity and other aspects of the argument.This paper use the method of historical research,and combing the theories of criminal jurisprudence.This paper has compared the organizational and forced surrogacy with other crime by organize so that it can be confirmed that the organization and forced surrogacy is criminal in the theory of offence of legal interest of criminal law,and this is also in line with the essence.In addition,our country is in the period of social transformation and the criminal law should also be more positive to meet challenges.Therefore in the discussion of the criminalization reasons of organization and forced surrogacy,this paper adheres to the positive criminal legislation and actively interprets the modesty principle of the criminal law,which provides a powerful theoretical basis for the organization and forced surrogacy.Organizing and forcing surrogacy is a serious behavior that hinders social order.The existing criminal law cannot fully evaluate the behavior.Therefore,this paper proposes to add “organization,forced surrogacy crime” to the sixth chapter of the Criminal Law to regulate such behavior.To design the specific provisions of the criminal law.,this article evaluates and analyzes various penalty allocation theories and limits the statutory penalty scope into the chapter of criminal law impairing social public management order,in order to provide feasible Suggestions for legislation and judicial practice.Finally,it is not the purpose of setting penalty.It is the real value of the criminalization of organizational and forced surrogacy to maintain the social order and the legal feelings of the public,and to improve the socialist legal system with Chinese characteristics.