Constitutional Review Of Human Gene Editing Technology

He Jiankui's "gene editing baby" event made human gene editing technology move to the public,and people began to pay close attention to the development process of related technologies.The high and new science and technology represented by human gene editing technology belong to the scope of research freedom guaranteed by the constitution.However,with the rapid development of science and technology,science and technology may be alienated.Alienated science and technology will have different degrees of impact on the basic rights of human nature guaranteed by the Constitution,such as gene editing technology may have impact on human dignity,human health rights,equality rights and The right to know and other basic rights cause impact.At this time,there will be conflicts between the freedom of scientific research guaranteed by the Constitution and the basic rights of human nature guaranteed by the constitution.When there are conflicts between different legal interests in the same legal rank,we should consider which rights should be more emphasized in the constitution from the perspective of human rights first and legal interests measurement.Undoubtedly,the constitution should be more inclined to protect the basic rights of human nature.It must be acknowledged that as a representative of high and new technology,gene editing technology is a double-edged sword.Standardizing its healthy and orderly development can make it beneficial to human beings.Once the technology is not controlled,it is likely to harm human beings themselves,so it needs to be regulated accordingly.In order to deal with the conflict between gene editing technology and constitutional value,we should correctly understand human gene editing technology,and correctly distinguish and treat it from various dimensions,such as the purpose of use,editing object,technical risk and whether it is applied in clinic,so that the development of this technology will not violate the freedom of scientific research guaranteed by the constitution,but also protect the basic rights of human nature In this way,we can regulate its healthy development.Protecting human's basic rights is the primary value of the constitution,which has the dual nature of subjective rights and objective laws,which requires the constitution to restrict gene editing technology from the two perspectives of subjective rights and objective laws.The relevant restrictions on the freedom of scientific research are mainly in the form of legal restrictions,which first rely on legislation.The legislative restrictions should follow the basic principles of human rights and the rule of law.On the premise of following the basic principles,the main methods of reasonably guiding and scientifically restraining gene editing technology are as follows: first,we should build a constitution,laws,administrative regulations,departmental rules and local methods Rules and regulations and other multi-level legal hierarchy regulate the legal system in the field of human gene editing technology.Secondly,the legal responsibility should be defined scientifically and reasonably to make it have the necessary deterrent effect.Thirdly,we should make perfect administrative supervision laws and strengthen administrative supervision.Finally,in addition to giving full play to the deterrent and guiding role of legal norms with national coercive force,we should also give full play to the binding role of "soft law" such as industry standards and norms,the articles of association of autonomous organizations,conventions of international organizations,etc.