| With the development of artificial assisted medical technology and the improvement of the national economic level,the growth rate of the number of surrogacy in China is also rising,and it is challenging our reproductive order and family ethics in ways that were unimaginable in the past.Although the Chinese government currently strictly prohibits the implementation of surrogacy technology,due to the lack of strong laws and regulations,the low cost of surrogacy violations,coupled with the surge in surrogacy demand groups in recent years,the underground surrogacy industry has become more and more rampant.In this paper,starting from the current situation of surrogacy in China,this paper conducts an in-depth analysis of the implementation of surrogacy-related acts in combination with the relevant theories of criminalization,and demonstrates the rationality and necessity of surrogacy-related acts under criminal laws.To compare and study the specific regulatory methods of the international community for surrogacy-related acts,and to explore the criminal legislative path that can effectively regulate surrogacy-related acts,hoping to better play the legal benefit protection function and human rights protection function of criminal law.The specific content is as follows:Part I: Overview of Surrogacy and the Current Situation of Surrogacy in China.The concept of surrogacy is determined and the types of surrogacy are divided according to different criteria.Introduce the current surrogacy chaos in China and elaborate on the harm.Part II: The current situation and existing problems of surrogacy legislation in China.The relevant laws and normative documents that currently regulate surrogacy in China are introduced,and on this basis,the shortcomings of existing legislation are analyzed,mainly including problems such as low effectiveness at the normative level,too narrow scope of crackdown,and insufficient punishment.Part III: Combining the discussion of parts one and two,the rationality and necessity of criminalization of surrogacy are analyzed.On the question of whether surrogacy-related acts should be criminalized,there are currently three views in the academic community,the first is the affirmative theory,the second is the negative theory,and the third is the compromise theory.This article supports the affirmation that the legal benefits of the infringement are analyzed in combination with the specific acts related to surrogacy,and the necessity of using criminal laws to regulate surrogacy-related acts is expounded,and it is believed that the criminalization of surrogacy acts meets the final means requirements of the criminal law,and finally the principle of proportionality in the punishment of surrogacy-related acts is demonstrated,laying a theoretical foundation for the concept of the fourth part of the criminal law system.Part IV: Combined with extraterritorial legislation on surrogacy-related acts,the criminal legal system for surrogacy-related acts in China is conceived.New legislation is proposed for organized surrogacy and forced surrogacy,and the relationship between the new offences and existing criminal law offences is clarified.It aims to provide feasible advice for criminal legislation and judicial practice of surrogacy-related acts.Part V: Summarize the problems and ideas of this article and summarize the conclusions. |
