Criminal Law Recognition Of "Implanting Gene Edited Human Embryos Into Human Body Or Animal Body"

The Criminal Law Amendment(11)added the crime of illegal implantation of gene editing and embryo cloning.This is an elective offence.According to the criminal law,the crime of implanting gene-edited human embryos into humans or animals in serious circumstances should be convicted and punished as the crime of illegally implanting gene-edited embryos.To discuss the criminal law determination of "implanting gene-edited human embryos into humans or animals",it is first necessary to clarify the legal benefits of the crime of illegally implanting gene-edited embryos.Risk is one of the important contents of contemporary criminal laws and regulations.A thorough understanding of the risks of implanting gene-edited human embryos is the prerequisite for exploring the legal benefits of the crime of illegal implantation of gene-edited embryos.The risk of implanting gene-edited human embryos is that the technology can easily cause gene off-target,may contaminate the human gene bank,violate human dignity,and cause genetic discrimination.Combined with the types of legal interests in my country,it can be determined that the personal legal interests protected by the crime of illegally implanting gene-edited embryos are the life and health of the subjects(edited persons and human mothers).At present,the embryonic genes are artificially modified without technical protection.,May cause damage to the subject’s health and life safety.The subject here does not include animals because the life and health of animals has not been upgraded to legal benefit protection in our country’s criminal law system.The transpersonal legal benefits protected by the crime of illegally implanting gene-edited embryos include national medical management order and human genetic safety.The act of implanting gene-edited human embryos rashly will hinder the state’s management of medical regulations and disrupt the orderly operation of the medical system;editing the germ cell genes of human embryos will cause permanent changes to the genes,under the influence of heredity May cause irreversible consequences to the human gene pool.Moreover,when the act of implanting a gene-edited human embryo violates the life and health of the subject and the safety of human genes,it can be regarded as a crime,but whether it violates the national medical management order should be combined with specific case analysis and judgment.The identification of "gene editing" should strictly distinguish between germ cell gene editing and somatic gene editing.Germ cells carry genetic genes,regardless of the use of germ cell gene editing for disease treatment or enhancement of ability,under the current technical conditions,it will cause serious consequences and will endanger future generations as they multiply.Somatic gene editing for natural persons does not involve this problem,nor does it directly affect human embryos.It does not fall within the adjustment scope of "implantation of gene-edited human embryos".However,at this stage,somatic cell editing of embryos is easy to edit germ cells by mistake,and it is necessary to hold a ban.Therefore,the gene editing behaviors hit by the crime of illegally implanting gene-edited embryos are germline editing for the purpose of treatment and enhancement,and embryo somatic editing that may cause unexpected editing,excluding somatic gene editing for natural persons.The term "human embryo" in this article shall be interpreted in a broad medical sense,including both embryonic stage embryos and fetal stage embryos.At the same time,the "embryo" shall be interpreted to include primordial germ cells,gametocytes,and embryos.Gametes(egg cells and sperm),fertilized eggs."Implantation" should be interpreted as transporting genetically edited human embryos into humans or animals through an artificially assisted method,including editing embryos in test tubes and implanting them into humans or animals,as well as those that already exist in humans or animals.The embryos in the human body or animals are retransmitted back to the human body or animals after editing.Moreover,the nature of the abstract dangerous criminal of the crime of illegally implanting gene-edited embryos determines that the understanding of "human body" cannot be limited to the uterus,but should include the internal organ systems of the human body.The understanding of "animal body" should be combined with the legal benefits protected by the crime of illegally implanting gene-edited embryos and the concept of interspecific pregnancy,and it should be recognized as the body of mammals other than monotremes.The crime of illegally implanting gene-edited embryos contains the word "illegal",but the expression "violating relevant national regulations" has been deleted from the official provisions.This is due to the characteristics of the gene editing technology itself,and the country may need to establish a strict The forbidden attitude.But at the same time,it is also considered that if this technology can be applied to human embryos under certain conditions in the future,it may be illegally blocked.