Research On The Legal Regulation Of Human Gene Editing Clinical Trial

A human study conducted by Dr.He's team in 2018 revealed that gene-edited babies were born in China,the twins are the world's first babies to be born naturally immune to HIV,the crispr-cas9 tool used in this study is a gene editing technique that has developed rapidly in recent years.Gene editing technology is a new technological means born with the development of society and scientific and technological progress,it has a deep application space in clinical medical treatment,agricultural food and drug manufacturing and other fields.In particular,the clinical application of gene editing technology enables humans to master the expression of genes more accurately and effectively.In the process of using science and technology to change the world,human beings have gradually extended their direction to the track of changing human beings themselves,thus resulting in many personal infringement and health and safety problems in the application of gene editing technology to human beings.The resulting social order,scientific ethics,and regulatory oversight between legal regulations are also increasingly serious.In this paper,through the analysis of the current legal system at home and abroad on the regulation of human gene editing and the problems existing in the process of human gene editing in China,the necessity and possibility of tort law in human gene editing were explored.Combining with the characteristics of tort law and gene editing technology in China,the construction and perfection of tort liability in human gene editing are explored.This paper is mainly based on the background of human gene editing experiment and guided by the news of the birth of the world's first gene editing baby immune to AIDS in China.The paper is developed from the following parts:In the first part,the introduction is a brief introduction to the research background,research purpose,significance,research methods and domestic and foreign research summary.The second part,the summary of gene editing and risk to the human body,through the overview of gene editing techniques and the use of risk,demonstrate the importance of legal regulation;The third part,analyzes the current situation and characteristics of legal regulation on human gene editing in Britain and the United States.The fourth part,summarizes the problems of human gene editing in China's legislation and judicial practice.The fifth part,makes a theoretical analysis of the necessity and possibility of tort law intervening in the regulation of human gene editing.The sixth part,through to the tort liability act and its constitutive requirements and the main responsibility subject and responsibility and analysis of related content,construct and perfect the tort liability of human gene editing.The seventh part,conclusion to summary the article.