| In the biomedical field,many bacteria immune complex has its special role,on the scientific research personnel have mastered a gene for a variety of target cells to remove or replace technology,can let the human through the specific gene knockout,join in,make the target gene modified possible,therefore,called a CRISPR/Cas9 gene editing techniques.In late 2018,he jiankui and his team at the southern university of science and technology announced that they had used gene-editing technology to create a pair of twins who were born naturally resistant to AIDS,so-called gene-edited human embryos and implanted into humans.The incident has led to questions about the regulation and biosafety of gene editing technology,which has triggered a series of ethical and legal discussions on life technology.Due to the late start,China’s legislation on science and technology is relatively lagging behind,and the law-based management of gene editing and other life technologies is obviously in its infancy.At present,the safety,risk and effectiveness of life technology are still difficult to control,and the bad results of rushing to conduct human experiments will not only damage the life and health of subjects,but also lead to the spread of disease-causing genes in the offspring due to gene mutation,gene drift and other problems,resulting in the extinction of human beings.He Jiankui and his team suspected of violating a number of current law regulation,the drafting of the biosafety law and hustling indicates that our country legislation has a full awareness of the need for clear life technology crime,in addition to the administrative supervision,illegal abuse of life in a similar technical damage more criminal behavior of interests,how to shall be investigated for his criminal liability according to law,the criminal law in what mode to achieve the effect of warning and curb illegal experiments is the important problem to be solved.This paper will study domestic and foreign legislation and academic achievements,starting from the "he jiankui gene editing baby incident",analyze and study the regulatory status of life technology,especially gene editing technology,according to the judicial practice of the criminal law,and then put forward Suggestions on improving these legal issues.Accurately in the face of life science and technology activities of the criminal law orientation,through the interpretation of the existing charges,as well as increase the likelihood of new charges were analyzed,and the targeted from the criminal law principle and basic concept,the crime constitution,legislative design,many aspects such as department law to coordinate,put forward the corresponding countermeasures,to add new charges in the criminal law,considerations existing charges applicable possibility,complete with other sectors of thecriminal law cohesion means to strictly limit and guarantee life technology research and development and applicable,to stick to the principle of a legally prescribed punishment for a specified boundary,solve the problem of life technology in our country criminal law regulation of the blank,To ensure the long-term development of the nation and the healthy reproduction of mankind. |