The Legal Rules Of Human Gene Editing From Article 1009 Of Civil Code

At present,society is developing rapidly and entering a new era of science and technology.Despite the history of the development of human society,there are interdependence and obvious contradictions between scientific and technological civilization and human society: scientific research,including medical research,is a new type of productivity and plays a positive role in the development of human society;But at the same time,scientific research itself contains many risks and value conflicts.Human irrational use of science and technology may bring irrational results,weaken the real value of scientific research,and lead to a crisis of human dignity.The conflict between the two is by no means an empty nest.In November 2018,he illegal experiment in gene technology triggered a "gene editing baby" incident.After the incident,there was a strong response in the society,and government departments and academia unanimously strongly condemned this practice.Taking into account the risks and challenges brought to the protection of human rights by the development of gene editing technology,article 1009 of the civil code establishes the basic system of human gene editing research norms.However,this system only makes principled provisions on the legal status and methods of gene editing,and does not describe the specific application.Gene editing is closely related to the protection of the right to personal safety and health and human dignity,personal interests,human rights protection and many other aspects.The protection of human gene editing should be based on the civil code,and a typed,progressive and systematic system should be established to realize the scientific and technological progress of human gene.This paper mainly adopts case law and bibliographic law.Firstly,starting with he’s case,this paper will analyze the background of the emergence of article 1009 of the civil code,that is,the vigorous development of medical technology makes the legislation in relevant fields put on the agenda,and reflect on the legal status,human rights protection and social survival of gene editing infants from this case.In addition,on the basis of consulting relevant documents and papers at home and abroad,considering the hidden dangers and solutions brought by the case,after thinking about the contents of article 1009,we should reflect on the deficiencies of the current domestic legal system in time.The application of law should protect individual dignity and promote the overall progress of human society.This paper will discuss the regulation of human gene editing technology in China’s legal system from five aspects.The first part starts with the legislative background of article 1009 of the civil code of the People’s Republic of China,leads to relevant legal thinking through the description of he’s case,and launches the detailed demonstration of the following text on this basis.The second part interprets the contents of article 1009 of the civil code of the People’s Republic of China on the basis of summarizing the legislative principles,legislative significance and value of article 1009 of the civil code of the People’s Republic of China,including the adjustment scope,induced norms and behavior prohibitions of article 1009.The third part,based on article 1009,reflects on the shortcomings of the existing system,and discusses the deficiencies of human gene editing technology in legal regulation in China from three aspects: the lack of system of the existing law,the phenomenon of cross confusion in supervision,and the lack of post relief ways.The fourth part makes reference and reflection by comparing the relevant legal regulations of human gene technology abroad.The fifth part makes corresponding thinking on the basis of deficiencies,including the establishment of a systematic legal system,the innovation of supervision mode and the improvement of post relief ways.Science and technology is a double-edged sword.We should use the legal system and national strength to effectively regulate it,manage scientific research activities and medical activities without hindering its development,and promote the stability and innovation of science and technology and the stable development of society.