Conflict Of Rights And Legal Adjustment In Human Gene Editing

The revolution initiated by genetic technology has brought humanity to a whole new era.The gene editing technology is not only useful in agriculture,animal husbandry,etc.,people are also expecting it to make greater contributions in treating diseases and improving the quality of life.Inspired by the country’s strong support and beautiful development prospects,China’s gene editing technology has also developed rapidly in recent years.However,in the field of human gene editing,there are multiple rights conflicts and social risks closely related to this,which have brought great challenges to this technology and human development.Under this background,re-examine the human gene editing technology,clearly understand the potential technical,ethical,social,genetic and other risks,clarify the conflicts of rights of all parties,sort out the relevant legal systems and learn from,and balance the rights Conflict,reducing the risks of all parties,and promoting the steady development of technologies such as gene editing are of great significance.The first chapter of this article discusses the application types and various risks of gene editing technology.Gene editing technology is a biological technology for targeted knockout,insertion or replacement of genes.It has been updated many times in the development of just a few decades,and the technology is becoming mature.According to different target cells,or according to different editing purposes,gene editing is divided into different types.There is a huge risk of germ cell gene editing and non-medical gene editing.Risks include technical risks caused by off-target effects,mosaic phenomena,and multi-generation effects,ethical risks that endanger human dignity,genetic risks that lead to "irreversible,unrestricted geographic" changes in the human gene pool,and harm to social equity and equity The social risks of discrimination and legal risks will be discussed in the chapter on institutional comparison.The second chapter discusses the conflict of rights in gene editing.The conflict of rights is a fundamental issue that runs through the legal system.There are also many conflicts of rights in the field of human gene editing.The first is the conflict between the right to genetic privacy and the public ’s right to know.The public has the right to know about gene editing involving public interests,but may violate other people ’s gene privacy when exercising the right to know;Rights,but too tight protection may damage the public interest.The second is the conflict between gene autonomy and doctor’s right to interfere.The parties have the right to make independent decisions in the process of gene editing.Under special circumstances,doctors have the right to restrict the patient’s right to exercise the right to interfere.In the case of the expansion of the parties’ genetic autonomy or the abuse of interference by doctors,there will be conflicts between the two rights.Finally,there is the intergenerational rights conflict.When contemporary people exercise gene autonomy through gene editing technology,they potentially control the physiological characteristics and life conditions of future generations,which indirectly hinders the exercise of autonomy of future generations,and even directly adversely affects the right of life and health of future generations.The third chapter discusses the reference to the conflicts of gene editing rights provided by extra-territorial systems and norms from the perspective of comparative law.It also discusses the current status and deficiencies of China’s gene editing legal system.The Nuremberg Code to safeguard the legitimate rights and interests of medical subjects,the guiding principles of doctors and researchers,the Declaration of Helsinki,the Universal Declaration of the Human Genome and Human Rights,the Ethical Guidelines for Biomedical Research involving Humans,and the Human Gene Editing Series : Science,Ethics and Supervision provides principle guidance.The regulation of gene editing technology and related rights in the United States,France and other countries is also worthy of reference for our country.At the same time of comparison,it also briefly discussed several shortcomings in China’s gene editing legal system: lack of attention to the rights related to gene editing,infringement damage is difficult to remedy,it is easy to induce crimes related to gene editing,and weak administrative supervision.The forth chapter proposes the legal adjustment method to solve the conflict problem of gene editing rights.Before establishing the right-ranking rules related to gene editing in the legislation,adjustments can be made through the right-ranking principle,supplemented by the principle of proportionality,negotiation,and case measurement theory,to adjust several pairs of rights conflicts.In the conflict between the right to genetic privacy and the public’s right to know,the personal interests represented by genetic privacy should be given way to the right to know,which is closely related to the right to life and health,to represent the public interest,but at the same time,the gene privacy of the gene editor must be effectively guaranteed.In the conflict between genetic autonomy and doctor’s right to interfere,the principle of negotiation is applied first,fully respecting the patient’s genetic autonomy,and allowing doctors in specific situations to exercise their right to interfere.In the conflict of intergenerational rights,priority should be given to protecting the rights of future generations,which is not only a requirement for the right to life and health,but also a consistent requirement for protecting human dignity,realizing intergenerational justice and a community of human destiny.