Research On Criminal Law Concerning Commercial Surrogacy Behavior Issues

This paper researches some criminal law problems in commercial surrogacy.Assisted reproductive technology is an important topic in modern society.Assisted Reproductive Technology likes a double-edged sword,it brings some negative social problem while preaching the gospel to human.Commercial surrogacy is a representative.In order to cope with the social harmfulness of commercial surrogacy,many countries have created special law and some counties have set accusation related to commercial surrogacy crimes.Commercial surrogacy has appeared more than 20 years,but commercial surrogacy legislation is lagging far behind the phenomenon and some other countries.In view of this,this paper takes relevant illegal behaviors in commercial surrogacy as an entry path,and uses the empirical study and comparative study to making judicial determination of the criminal behaviors involving the accusations of current criminal law.I hope identify the attributes and trying to give suggestions for improving legislation.This paper is divided into 4 parts.The first part is a comprehensive and systematic overview of commercial surrogacy from both medical and law.And defining the concepts and scope of human assisted reproduction,surrogacy and commercial surrogacy.The second part is to sort out concept and characteristics of commercial surrogacy and discusses the legal disputes of criminal law concerning commercial surrogacy behavior,mainly including the behaviors of abandoned surrogate child,delivery surrogate child,doctor performs an operation in medical institution without a license and make fraud by the way of sign surrogacy contract and so on in commercial surrogacy.Then it distinguishes the crime from innocence and this crime from that crime.The third part is analyzing the the defects of current criminal law of China's current criminal law what mainly contain the lack through out compares the evolution and legislation in the Anglo-American legal system,the civil law system,and the areaincluding Chinese Mainland,Hong Kong,Macao,Taiwan,and provide reference for criminal legislation in China.The fourth part is the focus of this paper.On the basis of the foregoing,this chapter mainly discusses the accusation,scope of subject of crime,allocation of penalty,chapter set,and give my opinion about set new accusation for the behavior of client,surrogate mother and providers of human assisted reproductive technology.At the same time,it makes a suggestion for legislation of commercial surrogacy from the perspective of perfecting legislation,mainly contains the crime of organizing people to implement surrogacy for profit,the crime of selling human gametes.Commercial surrogacy brings much society problems.I hope to remind the academic community pay attention to commercial surrogacy by discussing this problem.Also,achieving the goal of perfecting legislation,safeguarding people's rights and perfecting assisted reproductive technology system.