Research On The Criminal Regulation Of Gene Editing Technology

With the development of gene editing technology,achievements and risks coexist.For different application directions of the technology,classification and discussion are needed.Somatic cell therapy can be permitted under safe conditions;medical applications of germ cells endanger the safety of human genes between generations and are not yet ready for use;medical applications for enhancement purposes are against social justice and should be excluded from the scope of application Outside.The occurrence of the "gene editing baby" incident has revealed that the regulation of gene editing technology has deficiencies in preexamination and post-examination punishment,and relevant regulations need to be further improved at the legal level.From an ethical perspective,criminal law has reason to regulate gene editing technology.The criminal law takes punishing evil and promoting good as the value goal,which has a certain ethical color in itself.Specific to the ethical basis of criminal regulation for gene editing technology,criminal law needs to fill in ethical values,and gene editing technology poses a major challenge to the ethical bottom line,Therefore criminal law needs to maintain the ethical bottom line that gene editing technology violates.Regarding the necessity of criminal regulations,gene editing technology constitutes a serious violation of legal interests.At the same time,the existing regulations of gene editing technology are insufficient,and civil and administrative responsibilities are not sufficient to replace criminal regulations.The sentence of gene editing is in line with the requirements of preventive criminal law and does not violate the principle of restraint in criminal law.In terms of legislative model,foreign countries laws and regulations on gene editing technology penalties can be roughly divided into tolerance mode,strict mode and moderation mode.China should adopt moderation mode.For the specific regulation method of criminal law,the idea of regulating gene editing technology with existing crimes has certain defects.Criminal law needs to add special gene editing crimes in due time to better achieve regulatory effects.