Jurisprudential Interpretation Of The Risk Precautionary Principle In Human Genetic Technology

The development of human gene technology has provided an important method for medical treatment against genetic diseases,and is of great significance for human exploration and regulation of genetic genes.However,the hidden danger contained in this technology has violated the rights and interests of human beings and their descendants.How to regulate the risk of science and technology,so that science and technology can be applied to the improvement of human welfare,disease treatment and health promotion,is a question that needs to be reflected in jurisprudence.The prevention standpoint of human gene technology risk depends on the corresponding values.The weak precautionary principle emphasizes independent choice and decision,requires cost-benefit analysis to make decisions,and preventive measures to maximize tolerance of scientific research.The strong precautionary principle emphasizes the certainty of safety and technology and requires the prohibition of scientific and technological activities that may harm the health of human beings and their offspring.Both of these two values have theoretical drawbacks such as omission of argument and emptiness of connotation,which will cause practical harm when guiding the state public power to prevent the risks of human gene technology.Sufficientarian precautionary principle can effectively solve the risk problem of gene technology.However,there is a problem of single theory in traditional argumentation,which is also challenged by the principle of strength and weakness.We should introduce the value core of justice through the best interpretation,interpret the prevention principle as a value that includes four dimensions of equality,freedom,security and common welfare,fully demonstrate its threshold value,and make supplementary arguments in combination with the priority proposition,continuity proposition and defect statement.Finally,we should integrate the full prevention principle into the reality construction,so that human gene technology can better benefit human society.