Civil Law Regulation Of Human Gene Editing

Human gene editing has a history of nearly 40 years.Since its appearance,it has attracted extensive attention from sociology,ethics and law.Due to the occurrence of gene editing cases,to a certain extent,the legislation of civil code on gene editing has been expedited.However,the provisions of civil code not only need the test of practice,but also need further theoretical interpretation and system improvement.Although the current gene editing technology in China is mostly in the initial stage of clinical trials and application,with the development of gene technology and medical diagnosis legislation,the application of gene editing technology will become an important part of medical activities,which inevitably has a significant impact on the personality rights of patients.Article 1009 of the civil code regulates the scientific research and medical activities related to gene technology from the perspective of principle and preventive means,and clarifies the protection of personality rights and civil liability,which reflects that the legislation of the civil code attaches great importance to the protection of personality rights caused by the application of new technology.Article 1009 of the civil code has formed the preliminary framework of the legal regulation of human gene editing in China through the certainty criteria,the applicability criteria and the clinical trial requirements of article 1008.In the traditional administrative law for human gene editing management ability is limited,rebuild a new multiple management framework,improve the ethical review system,clear the boundaries of human gene editing,improve the understanding of gene rights,the way out of the legal norms of human gene editing in China.At present,there are many problems in the legal regulation of human gene editing in China.First,in addition to the civil code,other legal regulations of human gene editing in China are relatively low,and customized laws are prone to conflict,so little attention is paid to gene rights,a new right.Secondly,the boundary of human gene editing experiment is not clear in China.Human gene editing often involves a series of human rights issues and a series of social ethics issues,so there are still widespread disputes.Therefore,there is no clear boundary in the regulation of human gene editing in China.Third,the current regulatory mechanism of human gene editing is insufficient.At present,there are many problems in the legal system,such as multi departments,regulatory vacuum,the failure of the ethics review committee to give full play to its role and so on.The importance of the regulatory system for human gene editing is self-evident.The inaction or passive action of the ethics review committee makes the current ethics review useless.Human gene editing needs the support of the law,but it should also be under the strict control of the law.The law should guarantee the freedom of scientific research in medical and scientific activities as far as possible under the condition of protecting the overall public interests and ethics of human beings.From three aspects to improve the specific path of human gene editing,the first is to improve the provisions of the relevant department law,starting from the department law,to make detailed legal provisions on gene right privacy,gene personality,gene equality,gene informed consent and against gene discrimination.Secondly,we should make clear the boundary of human gene editing through legislation.What enhanced gene editing technology is likely to bring is the inequality between people,which will lead to gene discrimination and the collapse of social justice and fairness values.On the contrary,biological experiments for precision medical purposes should be supported.Through the regulation of law,we can make clear the human gene editing behavior and gene enhancement for the purpose of medical treatment,and strictly limit the basic experimental research of human gene editing.Finally,it is necessary to establish a national unified regulatory mechanism,coordinate the docking of laws and regulations,and build a regulatory mechanism with multiple forms of responsibility.