Research On The Criminal Law Regulation Of Editing Human Embryo Genes

In recent years,with the rapid development of technology and the deepening of people's understanding in the biological field,gene editing technology has gradually been widely used in agricultural production and biological research,and its unique function of precise positioning and modification of genes has greatly benefited people in the medical field.However,after three generations of development and innovation,the gene editing technology that acts on the human body is still controversial in terms of application,especially in the field of assisted reproduction.There is still a great objection to the editing of human embryonic genes,and the root of this controversy is that the editing of human embryonic genes creates multiple risks at the same time: Technological risks and ethical risks.Human beings are not yet capable of resisting these two risks,so this behavior is not only prohibited in the scientific community,but is even treated as a crime in most countries in the world.In 2018,the "Gene Editing Baby Case" brought people's attention again to the regulation of editing human embryo genes.In this case,the actor successfully bred a pair of babies through gene editing of the embryo.The scolding and skepticism of the scientific community in the international scientific field has ignited a wake-up call for our country's justice: The judgment in this case applies the crime of illegal medical practice to regulate Jiankui He's behavior,but the harmful consequences of editing human embryo gene behavior have not been evaluated,which provides a reasonable opportunity for the intervention of criminal law to regulate the regulation of human embryo gene behavior.This has led to a discussion in the academic circles about the "need" and "don't need" of editing human embryonic genes through criminal regulations.In terms of "don't need",some scholars in the academic community have issued voices such as "violating the principle of restraint of criminal law" and "not conducive to the development of related technologies".However,the author believes that it is reasonable,feasible,and necessary to incorporate a behavior that seriously infringes or threatens legal interests into China's Criminal law norms.Based on this position,the author discusses the basis for criminalizing the editing of human embryonic genes in this article from two perspectives: the risks of editing the human embryo's genetic behavior greatly infringe and threaten legal benefits,and current regulatory models and legal norms are not enough to deal with this danger,which has laid a reasonable basis for the editing of human embryo genes for criminal regulations.Therefore,the author designed the corresponding charges for the act of editing human embryo genes,based on the basic standpoint of a positive view of criminal law,and borrowed relevant legislative experience from outside the country.Thus,this criminal behavior is included in China's criminal law system,which systematically solves the legal problem of coping with the behavior of editing human embryo gene.