| As a high-tech life science technology,artificial assisted reproduction technology has made a breakthrough development after the 20 th century and has become the frontier field of modern reproductive medicine.Due to social change,civilization progress and the gradual diversification of human values,artificial assisted reproductive technology is applied to surrogacy to solve the problems of family inheritance for infertile people and bring psychological compensation and comfort.However,as a technical means,in practical use,surrogacy technology,like other technologies,must have two sides.The ethical and moral problems caused by surrogacy and the hidden legal problems can not be ignored.On the one hand,the decline of fertility rate and the gap between the rich and the poor lead to the commercialization of female uterus,abandonment and sale of children.On the other hand,surrogacy behavior deviates from China’s traditional ethical concepts,Violate public order and good customs.Nowadays,the main scope of surrogacy is expanding,the number of illegal surrogacy institutions is increasing,and the illegal use of surrogacy for profit is spreading all over the world,resulting in the imbalance of social management order.However,the legal provisions prohibiting surrogacy in China are only clear in the administrative regulations,with weak legal effect,narrow scope of restriction and low law enforcement.If the surrogacy is criminalized,it will help to control the spread of negative effects caused by surrogacy.Therefore,this paper discusses surrogacy under the view of activist criminal law,in order to provide a theoretical basis for curbing the popularity of surrogacy.The full text is divided into four parts:The first part introduces the criminal law view of activism and the related concepts of surrogacy.Firstly,it explains why we choose the positivist view of criminal law as the theoretical basis,and introduces the positivist view of criminal law;Secondly,it expounds the concept of surrogacy behavior and makes a typological distinction between surrogacy behavior and surrogacy behavior.The second part compares and analyzes the legislative status of surrogacy at home and abroad.Firstly,it combs the legal system of foreign countries on surrogacy,and analyzes and compares the countries that absolutely prohibit surrogacy,partially prohibit surrogacy and fully open surrogacy according to their different positions on surrogacy;Secondly,it combs the legal norms regulating surrogacy in China and puts forward the existing problems.The third part introduces the necessity of putting surrogacy into criminal law under the view of positivist criminal law.This part combines the harm of surrogacy derivative behavior to society and individuals with the fundamental task of criminal law,and makes a clear definition of surrogacy behavior that should be punished.The fourth part discusses the idea of adding an independent surrogacy act in China’s criminal law.Firstly,it expounds the principles that should be followed when adding surrogacy related charges,then puts forward the establishment of the crime of illegally implementing surrogacy technology for profit,and puts forward some suggestions on the crime composition and legal punishment of the crime,which is the core part of the article. |
