Research On The Legal Regulation Of Human Gene Editing Technology

Human gene editing technology is a matter of human welfare and national biosecurity,Since China supports gene editing of somatic cells for therapeutic purposes,how to restrain impermissible germ cell gene editing and how to find a balance between technological development and safety have become the core issues of legal regulation of gene editing.The responsive legislation of recent years and the original legal provisions form four major dimensions of legal regulation of gene editing(constitutional,criminal,civil,and administrative law).The Constitution creates a platform for public dialogue and its provisions on freedom of scientific research and consensus on values can provide normative support for constitutional regulation.The Criminal Law attempts to tighten the criminal net with the new crime of "illegal gene editing and embryo implantation" as the core,but the hasty criminalization leaves three major loopholes in the subject matter,legal benefit protection and criminalization standard.Civil law clarifies the scope of gene editing and the remedies for gene damage.The administrative law system focuses on regulation,but there are problems such as conflicting regulatory duties and insufficient allocation of responsibilities.By sorting out the regulation methods,found that the legal regulation of gene editing in China relies too much on administrative regulatory documents and administrative supervision,and there are legislative loopholes such as the lack of specialized laws,unclear research boundaries,and the weakness of regulation and accountability.Other countries have also formed three models of prudent regulation,open concession and ethical code,and have some successful experiences to learn from.Based on this,China should realize the change of regulation concept from "traditional administration" to "modern pluralistic governance" as soon as possible,and take the path of constitutional law and sectoral law,hard law and soft law,and coordinated regulation of multiple subjects.On the other hand,we should focus on regulation and accountability,explore the implementation of case-by-case approval,build an independent and continuous ethical review mechanism,and enhance the effectiveness of regulation through strict legal responsibility and abundant forms of remedy.