Research On Criminal Regulation Of Biosafety

In 2020,the new crown pneumonia epidemic suddenly struck,and biosafety issues have attracted widespread attention from the public.At the twelfth meeting of the Central Committee for Comprehensively Deepening Reforms held on April 14,2020,General Secretary Xi Jinping emphasized in his speech that biosafety should be incorporated into the national safety system,comprehensively improve national biosafety governance capabilities,and accelerate the promotion of biosafety The promulgation of the law accelerates the establishment of a national biosafety legal system.In this context,the "Criminal Law Amendment(11)" that came into effect on March 1,2021,the legal responsibility for violating Chinese laws on the import and export of human genetic resources and biological resources has been greatly increased,and the punishment for violations has been implemented.people.This marks that my country’s biosecurity has entered a new stage of legal governance.On April 15,2021,the "Biosafety Law of the People’s Republic of China"(hereinafter referred to as the "Biosafety Law")was promulgated.The promulgation of the "Biosafety Law" formally established the core basic laws in my country’s biosafety field,promoted the improvement and development of my country’s biosafety legal norms,and has a milestone significance for the construction and development of my country’s biosafety legal system.This article takes "biological safety criminal laws and regulations" as the research object,focusing on five aspects: the definition of biosafety,biosafety crimes,the current status of biosafety criminal laws and regulations,the theoretical analysis of biosafety criminal laws and regulations,and the perfect path of biosafety criminal laws and regulations.Specifically,this article is mainly divided into the following five parts:In the first part,by summarizing the concepts and academic viewpoints on biosafety legislation,it shows that the “ biosafety ” referred to in this article is national security,social security,human life safety,physical health,and ecological system safety.Infringements,damages and dangers in various stages of activities such as the research and development,experimentation and application of biotechnology.On this basis,four common types of biosafety are clarified,namely,sudden infectious diseases,biological weapons,biological experiments,and biological technology abuse.The second part mainly summarizes the types of crimes that may be caused by biosafety,including genetic safety crimes,bioterrorism crimes,biosafety crimes,and biosafety crimes.Then it clarifies the three characteristics of biosafety crimes,namely,the concealment of criminal means,the diversity of criminal behaviors and the extensiveness of damage.The third part analyzes the current legislative status of my country’s biosafety criminal laws and regulations.Specifically,it includes the regulation of criminal law on biological crimes and the regulation of biological crimes under the "Criminal Law Amendment".In my country’s criminal law system,biological criminal law is more impure biological criminal law,which is implicit in general crimes.The fourth part mainly focuses on the theory of biological safety criminal regulations.It is analyzed that the traditional criminal law theory has defects in the biological safety criminal law system,which are mainly manifested in three aspects:inadequate protection,inaccurate positioning,and inadequate prevention.At the same time,the rationality of the preventive criminal law in the biosafety criminal law system is proposed,which is reflected in the early protection of criminal law,the strictness of criminal law prevention,and the opposition to stricter penalties.The fifth part puts forward the perfect path of biological safety criminal laws and regulations.Combined with the characteristics of biosafety crimes,preventive criminal law theory provides a corresponding solution path for the regulation of such crimes.Improve the link between the biosafety law and the criminal law,including the link between the biosafety law and the general principles of the criminal law and the sub-rules of the criminal law.