Analysis On Criminal Regulation Of Illegal Human Embryo Cell Gene Editing

With the continuous progress and rapid development of life sciences and technology,risks are pervasive in almost every aspect of society,and people’s sense of security and self-protection are also constantly increasing.In the context of globalization,many "risk society" features have emerged in China during the period of technological innovation.This has also made all professional academic circles work hard to find ways to control and resolve risks,and the requirements of criminal law are also increasing..In recent years,China’s criminal law has shown the meaning of prevention and control in many fields.The sentence of "illegal implementation of gene editing" has recently become more and more hot,showing the public and theoretic scholars’ intentions and normative science to combat the illegal use of cutting-edge technology.Determination of technological development.Is criminal law necessary to intervene and regulate "gene editing" behavior? Does the "Illegal Implementation of Gene Editing Technology" Sentence Really Meet the Expectations of the Public? What difficulties will this crime encounter in practice? This article is prepared to analyze and study from the perspective of "necessity and feasibility of sentence."This article includes the introduction,main text and conclusion,which is divided into the following six parts,of which the main text part is divided into four chapters:The introduction explains the background of the topic and the significance of the research.By consulting the current status of research at home and abroad,it provides materials and basis for the later argument.The first chapter first elaborates on the concept and characteristics of "gene editing" in order to elicit the controversy of "illegal human embryo cell gene editing" behavior.By summarizing the reasons for criminal law’s intervention in negation,it establishes a later argument.A target,to make his argument more targeted,and finally to reach his own opinion "the criminal law intervention must say."The second chapter begins by refuting the imprisonment of "illegal human embryonic cell gene editing" behavior.The first section first states that the behavior has serious social hazards,analyzes the nature and impact of the behavior,and then illustrates that the behavior has obvious criminal illegality..In the second section of this chapter,it is first demonstrated that the incarceration of the act is not contradictoryto the development of technology.The second is to analyze the existing legislation is not sufficient to regulate the "gene editing" behavior.Finally,by analyzing the extraterritorial legislation,it is concluded that China’s criminal law regulates this behavior in line with the legislative trend..The third chapter analyzes the two types of criminal law intervention: interpretive theory and legislative theory.By analyzing the characteristics of hermeneutics,its deficiencies are obtained,and the criminal law provisions that may be violated in specific cases are used to explain the crimes and behaviors,so as to find the extension of the existing crime regulation scope,and then to different types of "illegal enforcement" "Gene editing" behavior was interpreted and analyzed,and it was concluded that criminal legislation was needed to solve this problem.The fourth chapter is the part to solve the problem.The first part is to elaborate the legislative principles,and then to analyze the advantages and disadvantages of various legislative models in combination with the legislative principles.Finally,by drawing on the extraterritorial legislative models,a legislative model that is more suitable for China is derived.The second section of this chapter is Charges,constituent elements and specific provisions.The conclusion part elaborates his viewpoint again: "Illegal human embryonic cell gene editing" behavior is enough to pose a huge threat and bring huge risks to social development.It is necessary for criminal law to intervene to regulate it,so as to achieve the standardization of the industry and guide science and technology The benign development,the intervention of criminal law is not a general rule.Generally,normal scientific research and social risk allow "gene editing" behavior.Criminal law will not intervene.Criminal law governs "illegal","non-compliance with laws and regulations"," "Dangerous" behavior,the criminal law should stick to its own bottom line and stand on the last line of defense.