Research On The Criminal Law Regulation Of Human Gene Editing

Gene editing is a technology that allows arbitrary rewriting of specific regions of the genome,and genetic information is the basic blueprint of an organism.It has been clinically applied to living human tissues and can be used to treat diseases such as genetic disorders,terminal illnesses and genetic defects,on the other hand,because genome editing is inexpensive and does not require advanced technology,there are concerns about its clinical application in human fertilized embryos and germ cells,ignoring safety and ethical issues.In this case,twins edited by He Jiankui’s team’s genome were born in China in 2018,an experiment that involves ethical and moral issues with unforeseen effects on public life and health.To protect public life,health,and social interests,countries have developed legal and ethical frameworks to regulate the use of human gene editing technologies.In Japan,gene editing as a whole is self-regulated through administrative guidance in the form of guidelines and is not regulated by criminal law,but only by government guidelines and operations.In Germany,alteration of germline genetic information is only permitted in the non-clinical phase.In China,the act of human embryo gene editing was convicted of illegal practice of medicine after the He Jiankui case in 2018.With the entry into force of the Amendment(XI)to the Criminal Law,the act of human embryo gene editing should fall under the legal interests protected by the crime of "illegal implantation of gene editing and embryo cloning".For example,the division of labor between different departments is unclear or poorly connected,the scope of regulation of the subject of the crime is insufficient,there are omissions in the circumstances of the crime,the definition of crime and non-crime is vague,and there are limitations in the type of criminal behavior.Criminal law needs to actively explore solutions to address these risks and dilemmas.By drawing on the experience of foreign regulatory models,more detailed and clear normative documents and legal provisions should be formulated,and the allocation of responsibilities should be clarified to improve the efficiency of legal application,so as to ensure effective regulation and punishment of acts involving human embryo gene editing.In addition,we should carry out extensive social publicity and education to enhance public awareness and understanding of human embryo gene editing and avoid unnecessary panic and misunderstanding.Finally,based on a positive view of criminal law,we should optimize the existing regulation model in China,improve the types of behavior of illegal implantation of gene editing and embryo cloning,clarify the legal interests infringed by such behavior,and clarify the responsibilities of criminal law and administrative law in this field in order to better regulate the behavior of human embryo gene editing by distinguishing the relationship with related crimes.