The Legal Regulation Of Assisted Reproductive Gene Testing

Nowadays,the birth age is generally delayed,coupled with the implementation of the two-child policy,the number of elderly maternal more and more,resulting in the birth of high-risk babies increased.In addition,economic leapfrog development has increased people's mental stress,urban and rural environmental pollution,resulting in infertility more common,or even become the world's third largest disease.With the improvement of public health awareness and scientific,technological and cultural cultivation,the new generation of parents pay more and more attention to the use of emerging technology to achieve aristogenesis fine rearing,hoping to reduce the "source",or even completely eliminate the possibility of serious diseases in future generations.Therefore,the popularity of reproductive and genetic health industry to meet the needs of the public is rising,science and technology has been developed to "preventive" and "personalized",making everything from "baby" to "embryo" stage in advance,and the development potential of gene detection is unlimited.Assisted reproductive gene testing is also known as preimplantation genetic testing(PGT).The main method is to combine sperm and eggs in vitro to form fertilized eggs,and then develop into early embryos,through detection to select the embryos that meet the requirements and implant them into the mother's uterus.Therefore,the technology is not limited to "detection",which implies "screening" and "diagnosis" behavior.This paper argues that the application of assisted reproductive gene testing is based on the voluntary medical services of both parties,which should be defined as civil legal relationship.But in reality,assisted reproductive gene testing behavior is easily abused under the dual guidance of commercial profits and expanding social needs.For example,the choice of gender based on personal preference is beyond the purpose of "health",which leads to a lot of legal chaos.In order to make the application of assisted reproductive gene testing technology return to the original and avoid Behavior Alienation.The state should be in the leading position of legal regulation,and show its responsibility to protect citizens' right to life,health and childbearing.However,China's supporting laws and regulations have some problems,such as low level of effectiveness,scattered,vague and lagging regulations.For example,it is difficult to cope with the development process of technology commercialization and popularization due to omissions in the application conditions,ethical review,regulatory rights and responsibilities of the technology.We should learn from the relevant foreign legislation and cases,take Germany with the most strict regulation,the United Kingdom with open license,the United States with ethical norms as the typical model.In order to put forward regulatory suggestions that are in line with China's national conditions.Specifically,legal regulation should adhere to the principles of prevention,respect and human well-being.We should not only promote scientific and technological innovation,but also prevent and control unreasonable application of technology.In terms of regulatory limits,non-medical purpose testing is absolutely prohibited,and medical purpose testing is strictly limited,so as to clarify the technical applicable population.It is emphasized that the scope of embryo screening is limited to serious diseases(unable to maintain life to the age of 18 or extremely affecting the quality of life),and it should be the ultimate means of effective treatment of diseases.In terms of regulatory basis,we should implement multi-level regulation on the basis of existing norms.It is mainly based on legal provisions,supplemented by administrative guidance and industry self-discipline.In terms of regulation mode,the establishment of specialized agencies shall be subject to case examination and approval,and strict access and hierarchical supervision shall be carried out.At the same time,in view of the background of social governance innovation,the role of industry associations is emphasized.We should make them accept the entrustment of public power,deal with relevant matters,strengthen ethical supervision,give full play to the wide and deep publicity of the industry,and shape the scientific concept of the public.In addition,we should enforce the procedural control of informed consent,establish a genetic consultation system,and adopt new regulatory means to improve the efficiency of legal regulation.In addition,in case of damage caused by assisted reproductive gene testing,the victim has the right to get relief.It is suggested to introduce a third-party guarantee insurance and improve the accountability mechanism.