Study On The Judicial Determination Of The Crime Of Illegal Implantation Of Gene Editing Embryos

With the continuous development of gene technology,genome editing technology has become more and more complex.However,due to the fuzziness of standards such as "genome editing","embryo","human body",and "serious circumstances",judicial practice may lead to improper punishment,or may imprison the development of related biotechnology,thus infringing the normal interests of mankind.In order to facilitate judicial practice,the author advocates explaining the crime of illegal genome editing.Analyzing the crime of illegally implanting genome editing embryos from the perspective of crime,the author found that the scope of "gene" should only include synergistic and preventive genes,and genome editing technology is allowed to be applied to basic research,but before the relevant technology is mature,it is not allowed to be used in clinical practice,and genome editing technology is not allowed to be used to improve human function;For basic research,there is a relatively relaxed attitude,and there is a need to clarify management norms during the research process.Secondly,medical embryos refer to those whose zygote are formed less than eight weeks ago.Typically,eight weeks after the sperm and egg combine,the body organs of a newborn baby begin to form.Early embryos,also known as pre embryos,undergo only 14 days of development,but after 14 days,they can show signs of life.Therefore,in judicial practice,it is necessary to distinguish between embryos within 14 days and embryos over 14 days.The behavior of implanting genome editing embryos for more than three times,causing serious injury or death of the mother,implanting human animal compatible embryos into the human body or animal body,and finally delivering the embryos implanted into the mother,and using genome editing technology to enhance human function should be considered as "serious circumstances".In addition,with the development of science and technology,new reproductive technologies such as human "artificial uterus" may appear in the future.Considering the rapid development of science and technology,the lag of legislation,and in order to prevent the major judicial problems encountered in He Jiankui’s genome editing baby case from appearing again,we need to learn lessons,appropriately expand the research methods for cultivating this kind of embryo,and strictly distinguish the criminal form of this crime,To cope with more complex situations that may arise in the future.