Protection Of Personality Rights In Gene Editing Applications

The society is being constantly improved and the level of life is being enhanced at the same time,and thus human beings have greatly met the requirements of material life.At the same time,human beings have also begun to study the improvement of their own ability.Scientists can modify genes artificially by means of biotechnology to achieve the same evolutionary effect as natural selection,that is,directed changes in genes,which is the so-called gene editing technology.With the rapid development of gene editing technology in recent years,this science and technology has changed the original way of life,especially from biological science and technology to people’s quality of life,but simultaneously,the use of human gene editing technology materializes human and ignores human dignity,and its hasty use will lead to a series of complicated ethical problems.The imperfection of gene-related legislation makes this technology a bit more unstable.Therefore,we should be more cautious about this technology that may change the future of mankind,and think deeply about the possible risks from an ethical and legal point of view,as well as how to avoid risks.This thesis analyzes the infringement of personality rights by gene editing.The infringement of the right to privacy is described separately from the infringement of the privacy of the gene provider and the infringement of the privacy of the family of the gene provider;as for the infringement of the gene editing on the right of body,this thesis separately describes from the infringement of gene editing on the right to body integrity and the right to body autonomy;the infringement of gene editing on the right to health is described in this paper from the harmfulness of gene editing technology itself and the possibility of causing other diseases;this paper only discussed the harmfulness of gene editing from three perspectives namely,gene privacy,physical rights and health rights.There are still many unscientific and irrational problems with gene editing.Therefore,the behavior of editing human genes is undesirable.Gene editing may directly cause gene mutations,which will not only bring unpredictable consequences to the parties,but may also cause major hidden dangers to the personal health of the parties.Although He Jiankui claimed that this editing experiment was successful,after understanding the interpretation of the experiment by other professional scholars in the field of biology and the replies of relevant institutions,people discovered that it was a completely failed experiment.Some scholars even said that the results of scientific experiments may take a long time to be verified.Therefore,the risk of the abuse of gene editing technology to human society may not be detected in a short time.When the danger brought by the technology is really discovered,it may be possible that there is no more means to remedy it.After the entry into force of the Civil Code,China made provisions on genetic technology from the level of civil legislation for the first time,and the previous legislation focused on administrative regulations,departmental rules and other administrative laws.However,the Civil Code only brings genetic technology into the compilation of personality rights,makes principled provisions on the application of genetic technology and establishes the ways to protect personality rights,does not form a systematic and effective legal framework to effectively control the application of genetic technology,and does not eliminate or even reduce the threat brought by this technology.Therefore,this paper intends to draw lessons from the relevant laws and regulations on gene editing behavior and gene rights abroad,and in combination with the defects of the legislation of gene personality rights in our country,discusses how to regulate gene-related rights to protect personality rights in the application of gene editing behavior.