Research On The Criminal Law Regulation Of Gene Editing Technolog

Gene editing technology is seen as god’s scalpel,or the chance to redesign the future of life.The application of gene editing technology in the medical field can cure diseases and relieve patients’ suffering,improve the cure rate of diseases and improve people’s health.However,the other side of this technology has more potential risks,which will harm legal interests once it appears.In this paper,the analysis is mainly based on the perspective of gene editing for the purpose of assisting human reproduction.In order to protect the interests,maintain the medical,scientific research,ethical order and the safety of human genes,and realize the precise attack on criminal behaviors,this paper introduces gene editing technology and analyzes the potential risks of gene editing technology.Combined with the new crime of gene editing in the Amendment of Criminal Law(11),this paper finds the shortcomings of the existing gene editing legislation and puts forward the corresponding improvement measures.The first part of this paper first introduces the concept of gene editing technology,and introduces the criminal law research of gene editing technology by analyzing the realistic criminal cases that the behavior implemented by gene editing technology causes social concern,and then analyzes the development prospects and difficulties of gene editing technology.The second part analyzes the harmfulness of gene editing technology,that is,the possible risks caused by gene editing are elaborated from the aspects of society,ethics,life health and safety,and the risk is found to be uncertain,harmful and irreversible,which reflects that gene editing technology needs to be regulated by criminal law.The third part mainly analyzes the provisions of the existing crime of gene editing technology,that is,combining with the Amendment of Criminal Law(11),it analyzes the exclusive crime of one of the 336 newly added crimes,which embodies the criminalization of administrative illegal acts and the regulation concept of the prevention of criminal law.It also analyzes the scope of charge,judgment standard and legal interests protected.The fourth part focuses on the new gene editing proprietary weakness of charges and perfect measures,first elaborated the deficiency of existing legislation,mainly reflects the subject,the legal punishment of the crime,crime types,system structure,the cognizance of "serious" and the low charges set to gene editing techniques of this a few aspects.Secondly,it proposes to analyze how to improve the legal provisions of gene editing from the perspective of criminal law by referring to the relevant legislative experience of foreign countries.Finally,it puts forward specific measures to improve the above-mentioned problems.It includes clarifying the identification standard of "serious circumstances",increasing the subjects of unit crimes,supplementing the types of acts,adjusting the system structure,adjusting the law and sentencing and adding new charges of gene editing crimes.