Legal Control Of The Risks Of Human Gene Editing Technology

On November 26,2018,He Jiankui,associate professor of biology at the Southern University of Science and Technology,announced that the world's first gene-edited baby immune to HIV was born in China in November.The twins were genetically modified to be born naturally resistant to AIDS.This is the world's first gene-edited baby immune to AIDS.Gene editing,which has generated huge controversy around the world,is of great significance in boosting precision medicine and improving human health,but its huge potential risks are daunting.The gene-editing baby incident has visually presented the risks of human gene-editing technology and its impact on rights to the public.The controversy caused is not only in the field of science and technology,ethics,but also in the legal discussion necessity.This article obtains from the gene editing baby events,analyze the legal problems triggered by this event and how the current law cope with it,then enter the core problem to discuss: the risk in the human gene editing techniques and the rights,discussing from the technology and the right,within the scope of legal regulation and international legislative experience and dealing with the attitude,put forward how our country law deal with the position of human gene editing technical risk regulation,and put forward regulatory suggestions.The first chapter firstly focuses on the gene-editing baby incident,reviews the beginning and end of the incident,how the incident broke out and the final treatment result,analyzes the administrative legal problems,criminal legal problems and civil legal problems caused by the incident,and analyzes the legal liabilities of relevant parties.Then,based on the legal issues in the event,this chapter will focus on the domestic legal norm system,sort out the existing legislative framework and supplement the new norms after the event.In view of the existing legal framework,this paper analyzes the shortcomings of the existing domestic supervision mode,such as multiple management,overlapping legislation,and absence of criminal and civil liability.The second chapter studies the relationship between the risk of human gene editing technology and the protection of rights.Starting with the technology itself,this paper introduces the general situation of human gene editing technology,and analyzes the technical risk,social risk and legal risk.Furthermore,rights involved in human gene editing technology are analyzed,which can be divided into the right of informed consent of subjects,the right of gene-editing infants and the human rights of future generations.On this basis,this paper studies the legal basis of human gene editing technology and rights coordination,and probes into two models.The first is to take power as the center,and the government regulates gene editing technology on behalf of the public interest.The third chapter analyzes the risk regulation of human gene editing technology in the international scope.According to the two modes in the previous chapter,it is divided into international legal regulations based on the coordination of technology and rights,and national legal regulations based on the coordination of technology and public interests.To sum up,to seek for the enlightenment of China's legal regulations.Based on the above discussion on the risks and rights of human gene editing technology,the fourth chapter puts forward the legal response from the perspective of the relationship between technology and rights.Follow the principle of risk prevention,and carefully prevent the potential risks of technology;Taking the principle of the supremacy of dignity as a basic position,human dignity cannot be detracted from dealing with technological risks.