Research On Human Gene Editing Crime Legislation From The Perspective Of Risk Society

With the rapid development of biological science and technology,especially gene editing technology,and the continuous expansion of its application,gene editing technology not only brings good news to human beings,but also brings risks to modern society.Criminal legislation should respond to the risk of civilization.The current criminal law only regulates the implantation of human gene-editing embryos,and the scope of regulation is obviously too narrow.In addition,China’s criminal legislation still needs to be improved in such aspects as the prospectiveness of gene editing crime legislation,the clarity of protection interests and the configuration of legal penalties.In a sense,this kind of inadequacy manifests as the inadequacy of the traditional criminal law theory to deal with the risks and challenges of modernization.Therefore,in the context of risk society theory,this thesis discusses the criminal law regulation of gene editing technology in China from the perspective of risk society,explores the path to perfect gene editing crime legislation,and makes a theoretical response to the modern risk challenge of gene editing technology.According to the scientific nature and characteristics of gene editing and the theory of risk society,gene editing should be regarded as one of modern risks.From the perspective of risk society,it is reasonable and theoretical basis to include gene editing into criminal law in order to curb the abuse of gene editing technology,prevent the risks that may be brought by the abuse of gene editing,and deal with the "modernization risk".From the perspective of crime theory,this thesis considers that the protection interest of gene editing crime is public security.And the accomplished mode of gene editing crime should be behavior crime.Unit crime should be added to enlarge the scope of crime subject.The crime was determined as "the crime of illegal use of gene editing technology",and the provisions of the criminal law were revised accordingly.According to the research needs,the basic structure of this thesis is as follows: The introduction briefly introduces the research background and significance,and relevant research status at home and abroad.The first chapter introduces the technical principle of human embryo gene editing from the technical level,aiming to explain the technical risk it may bring,implying the nature of the risk of gene editing technology,and inheriting the risk society theory.The second chapter,in the context of risk society theory,takes gene editing technology as modernization risk and discusses its characteristics and nature from the perspective of risk society.Chapter three discusses why the control of gene editing risk should be included in the scope of criminal law regulation and its shortcomings from the perspectives of the nature of crime,the interests of the protection law and the principle of modesty in the ontology of criminal law.Chapter iv as the foothold of the article,discuss our country criminal law to regulate the illegal human gene editing behavior of legislation,in Germany,Japan,France and other countries of the criminal law legislation as a reference,on the basis of the comparison method,from crime,crimes and punishment and so on three aspects of gene editing the path of crime legislation perfect in our country.The main innovation of this thesis is methodological innovation,that is,from the perspective of risk society theory,human gene editing technology is regarded as a risk and the study of criminal law norms is carried out.However,due to the author’s inadequate control of gene editing technology theory and risk society theory,there may be insufficient integration between the above theories and normative research,which is the deficiency of the thesis.