Research On Criminal Law Regulation Of Abusing Human Gene Editing Technology

At present,human gene editing has entered the clinical era,which has attracted extensive attention from the ethical and legal circles.In particular,reproductive gene editing,whether and how to use criminal law regulation,has become the hot front of theoretical research in China.The application of human gene editing technology in clinic will cause the pollution of human gene pool,the safety and effectiveness of clinical application have not been verified.At present,administrative regulations are mainly used to regulate human gene editing technology laws in China,which are of low effectiveness,insufficient punishment and inadequate supervision.At the same time,China’s criminal law has no specific charges.However,the abuse of human gene editing technology has a high risk and serious social harm,which has been generally recognized by the international community,so it is necessary to be included in the scope of China’s criminal law regulation.However,the abuse of human gene editing technology may involve the crimes of intentional injury,illegal medical practice,medical accidents and crimes against public security in China’s criminal law;however,due to the specific application of these crimes,their effectiveness is obviously insufficient.Foreign criminal law has adopted a variety of different regulatory modes,including specific crimes,to criminalize the abuse of human gene editing technology;most countries recognize it as an act crime rather than a real one,and it is an act crime in the act crime,so it does not need to prove the dangerous state.Human gene editing technology is new for science and technology,which needs to be treated with caution in system;criminal law regulation can’t stop eating because of choking,and strive to achieve the degree of intervention,clear the threshold of entering a crime,not only guarantee the research of legal gene editing,but also resolutely punish the abuse of gene editing;at the same time,adhere to the principle of prevention and set reasonable penalty standards.In view of our criminal law,it may be the best policy to add special charges to regulate the abuse of human gene editing technology.However,China’s criminal law system and the charges it contains have become more and more perfect.It’s not suitable to punish the abuse of human gene editing technology by setting up one or several new charges.We can add a new paragraph in Article 234 of the criminal law to simulate it as intentional injury,or add a new method of endangering public security crimes in Article 115.so as to give the punishment to the abuse of human gene editing technology to punish.