Research On Civil Law Regulation Of Human Gene Editing

The discovery of genes makes human begin to analyze their own genetic code and use gene editing technology to modify genes,thereby achieving the purpose of curing diseases and modifying life.The occurrence of the gene-edited baby incident has aroused criticism and discussion from many scientists,and to a certain extent has also prompted the enactment of the relevant legislation on human gene editing in the Civil Code,but the relevant provisions of the Civil Code are relatively macroscopic.We cannot fully deal with the uncertain risks posed by the ever-evolving gene-editing technology.Therefore,it is very important to construct and perfect the relevant civil laws and regulations to promote the development of new biotechnology.At present,the occurrence of the human gene editing incident exposes many shortcomings in China’s civil law,including: First,the legal nature of human genes is not clear.China’s laws have not defined the legal attributes of human genes,which has become an important reason for the stagnation of legislation on gene editing.Second,the emerging rights-the absence of protection of genetic rights.Human gene editing,as a new biotechnology,will not only exert great influence on human’s right to life and health,but also infringe upon the rights of subjects and genetically edited babies such as informed consent,gene privacy,self-chosen,benefit sharing,etc.These rights exist independently as the rights of the natural person to protect his personal dignity and protect his personal interests.However,China’s civil law has not established clear genetic rights,and there is no direct legislative response to how to protect and regulate genetic rights.Third,there are obstacles to the gene-edited babies’ right to claim damages.Gene-edited babies are vulnerable groups in gene-editing activities,and there is no comprehensive relief system for the babies born with gene-editing in China.Fourth,the patent protection of human genes is inadequate.This deficiency is mainly reflected in: The benefit-sharing mechanism of human gene patent has legislative defects,the scope of human gene patent protection is too large and the strict trial mechanism has not been established.If China’s civil law can legislate to respond to the problems of human gene patent protection,it will promote the sustainable and healthy development of gene research and gene industry.Based on the current civil law and the typical cases of gene editing in China,this paper analyzes the dilemma of the civil law in China to regulate the human gene editing technology,and puts forward some feasible suggestions for the construction of the civil law.The formulation of a special "genetic law" is in line with the inevitable trend of the development of science and technology and the development of the times.The main contents of the law are as follows: The basic principles of gene-editing civil laws and regulations should include the contents of gene infringement,gene patent protection,gene information protection,gene rights protection,prohibition of abuse of gene data,and liability for genetic medical damage.Thus,it provides a clear legal basis for protecting human gene resources and the legitimate rights and interests of subjects,and escorts the development of human gene editing technology in China.