Criminal Regulation Of Assisted Reproductive Technology

Reproduction is an important means for the continuation of all biological races on the earth,and it is also an important factor for human beings to live endlessly.For thousands of years,human beings have inherited life and civilization through traditional natural reproduction methods.In the mid-to-late 20 th century,the arrival of the fifth scientific and technological revolution has promoted the revolutionary changes of the four major technologies,including life sciences and biotechnology,and also brought a new way of reproduction-assisted reproduction.Assisted reproduction,as its name implies,is the use of modern life science and technology to assist natural reproduction.This assisted human reproduction technology,while benefiting human beings and bringing about a happy family,also impacts people's ethical and moral concepts,and brings a series of legal supervision difficulties.How to define the legal attributes of sperm,eggs,fertilized eggs,and embryos that cannot be separated from assisted reproductive technology? How to evaluate the behavior of buying,selling,destroying and discarding these gametes and zygotes? How to regulate some acts that infringe on the legitimate rights and interests of others in the operation of assisted reproductive technology? How to regulate the growing surrogacy market? This is an objective problem in the development of assisted reproductive technology.It is also a problem that urgently needs to be addressed by our laws,especially the criminal law.On the basis of examining the status quo of domestic legislation,this articledraws on the advanced legislative experience of some countries and regions outside the region,attempts to explore the three major issues in the field of assisted reproductive technology,and attempts to propose the author's own legislative suggestions.Excluding the introduction,this article is mainly divided into four parts:Part ?: An ethical and criminal review of behaviors in the field of assisted reproduction.Based on an overview of assisted reproductive technology,it examines abuses and serious abuses of assisted reproductive technology from both ethical and criminal law perspectives,and elaborates on the ethical impropriety of these practices and the need for criminal regulations.Part ?: The criminal nature of infringement on sperm,eggs and embryos.On the basis of summarizing relevant viewpoints in academia,the article considers that human sperm and embryos are different from traditional people or things,and the legal characteristics of these three need to fully consider their biological characteristics and bioethics;on this basis This article analyzes the criminalization of the behaviors related to these three,and on the basis of drawing on the legislation of other countries and regions in the world,analyzes how China should implement criminal regulations for these behaviors.The article argues that the sale of human sperm and the sale,disposal,and destruction of human embryos constitute a crime,but the existing criminal law charges do not regulate such acts,so new crimes should be added.The compulsory sperm harvesting and egg-harvesting behaviors,although they have certain social hazards,do not require a separate crime.Instead,they should be regulated using existing crimes and civil and administrative laws.Part ?: Penalty of conduct in artificial insemination.The behaviors that may involve crime in artificial insemination activities are divided into two categories according to the behavior objects,and the criminal nature of the three common behaviors is specifically analyzed.It is advocated to make full use of the existing crimes in China,such as compulsory insemination with intentional injury,Illegal multi-embryo implantation and other acts shall be used to regulate illegal artificial insemination with the crime of illegal medical practice.Part ?: Penalty of surrogacy.On the basis of affirming the legitimacy of surrogacy,analyze the deficiencies and deficiencies of the current surrogacy legislation in China,and draw on the relevant legislative provisions of other countries and regions in the world to advocate the addition of commercial surrogacy crimes to regulate the use of surrogacy for profit It is a commercial act with a commercial nature.For other surrogacy behaviors,it is advisable to improve the effectiveness of surrogacy legislation on the one hand,and use existing crimes such as illegal medical practice and medical accident crimes to supervise surrogacy in all aspects.