Research On Criminal Law Regulation Of Illegal Editing Of Human Genes

Gene-edited human cells,as a new method of treating diseases,are constantly refreshing people’s cognition of self,but also bringing new hidden dangers to human society.The social ethical controversy and technical risk issues caused by this technology must be valued by criminal law.In particular,people should be wary of attempting to use gene editing technology to reproduce human embryos,because this is not only related to the health interests of individuals and their offspring,but also to the entire human Health and well-being.China’s criminal law theory is not rigid and conservative.In order to prevent gene editing technology from moving towards the opposite of humans,we should establish a basic bottom line,improve the theoretical basis,and provide support for China’s criminal law norms.Based on this,this article will investigate the criminal regulations for illegal editing of human genetic genes from the following four aspects:In the first part,the problems and challenges brought by gene editing technology are clarified.Through hot events,the controversy on human embryo of gene editing is brought out.The crux of the application of gene editing technology is analyzed from the perspective of the birth,application status and relevant ethics.According to the criminal regulations on manipulating human genetic genes abroad and the relevant laws and regulations of China,the deficiencies in the regulation of criminal law in China can also be found the basic attitude of experienced countries in the application of gene editing technology provides some reference for China.Finally,the outstanding problems of gene editing technology in practice and the challenges to China’s criminal law are clarified.The second part expounds the feasibility of criminal regulation of illegal editing of human genetic genes.First of all,it is feasible to establish the scope.Under the guidance of the principle of coordination of criminal law functions,through the confirmation of the basic research behavior related to editing human genetic genes,the criminal law regulation category of illegal editing of human genetic genes is established in reverse,so as to strictly abide by the scope of criminal law intervention and prevent excessive infringement of scientific research freedom of scientists.Secondly,in terms of theoretical feasibility,Combining the theory of risk criminal law,the illegal gene editing behavior runs counter to the safety value concerned by criminal law;it is incompatible with the threat to human life and health caused by this behavior and the protection of super individualized and abstract legal interests paid attentionto by criminal law;the theory of functional and objective criminal responsibility under the preventive purpose of criminal law provides a new way to investigate the criminal responsibility of the subject of illegal gene editing behavior.The third part expounds the necessity of criminal law regulation of illegal editing of human genetic genes.Illegal editing of human genetic genes is a new type of public hazard crime.Its behavior threatens the life and health of the whole human beings by making pollution genes that can be widely spread as public hazard media.It has strong resistance to law due to breaking through the bottom line of technical responsibility,and the lack of effective resistance of administrative barriers,which makes it necessary for criminal law to regulate such behaviors.In the fourth part expounds the crime and punishment of the illegal editing of human genetic genes.First of all,we should exclude the possible legitimate reasons and consider the existing crimes and gene crimes comprehensively,highlighting the necessity of establishing the crime of illegally editing human genetic genes in our criminal law.Secondly,from two aspects of the establishment of criminal legislation mode and the adjustment of general and specific provisions of criminal law,we should make it clear that the illegal editing of human genetic genes should be directly incorporated into the criminal law of our country,so as to adapt to the legislative provisions of our country;we should adjust the unsuitable part of the general provisions,mainly adjust the position and content of the prohibition provisions,so as to increase the effectiveness of the provisions;we should make clear the specific chapters of the specific provisions and specific provisions.