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The Legal Dilemma And Response Of Gene Editing

Posted on:2020-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q WuFull Text:PDF
GTID:2370330599961778Subject:Law
Abstract/Summary:PDF Full Text Request
Since the advent of gene editing technology,it has received extensive attention.Among them,the technology is mixed.On the one hand,the application of gene editing technology in the medical field,such as the treatment of some genetic diseases,cancer,etc.,has good effects for patients.The family brings the gospel of life;but on the other hand,the impact of genetic editing of human genes on the ethics and legal order of society is self-evident,so after the "genetic editing of infants" incident,social public opinion suddenly thinks This technology is the devil opened Pandora's magic box.This paper is mainly aimed at the dilemma of legal theory caused by genetic editing.Trying to understand the dilemma of legal subjects under the gene editing,the conflict between the freedom of scientific research and the order of law,the intergenerational justice and the dilemma of human destiny,through these dilemmas let us ponder the deep legal knowledge behind it,such as what is The subject of law,what is the right to freedom of scientific research,and what is the order of law.Finally,by comparing and analyzing the experience of other countries or regions(EU,USA and Japan)in this legislation,we can find out what can be learned,so as to find a suitable model for our country's genetic editing legislationThis article is divided into four parts.The first part is mainly about background introduction,which introduces the development status of gene editing and gene editing.The second part introduces the dilemma of several sets of jurisprudence under gene editing,such as: the legal subject of human beings The impact of status,through various theories,people are the subject of legal relations.However,under the gene editing,the subject status of human beings as a legal relationship is seriously challenged,and this is mainly explained from the perspective of legal philosophy.As Kant's purpose formula says: “Man is the purpose,not the means”,and the perspective of human integrity isdiscussed;The second set of dilemmas is the conflict between intergenerational justice and human destiny brought about by genetic editing.Through the introduction of intergenerational justice and justice and intergenerational justice,the concept of intergenerational justice is explained,and the editing of genes is discussed.Which intergenerational justice conflicts will arise: for example,gender imbalance,off-target risk,genetic risk,etc.;The third group of dilemmas is about the dilemma between the freedom of scientific research and the value conflict of law brought about by gene editing technology.First,it introduces the right to freedom of scientific research under the theory of law,such as what is the right to freedom of scientific research and the right to freedom of scientific research.Constituent elements,focusing on the conflict between the freedom of scientific research and the value of law brought about by genetic editing;The fourth part is to respond to the previous groups of dilemmas,and at the same time put forward some measures to solve the previous dilemmas,such as the need to clarify the legal principles of genetic editing,and secondly to improve the legislative design of genetic editing(clear the participation of genetic editing,reduce The intergenerational influence of genetic editing is also the necessity to limit the right to freedom of scientific research.Through the discussion of these dilemmas,the deep legal problems are also analyzed,and some ways to deal with these dilemmas are also found.
Keywords/Search Tags:Gene editing, legal subject, intergenerational justice, scientific research freedom
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