The Risks Of Biotechnology And Criminal Law Response

The 21 st century is not only an era in which biotechnology shines brightly,but also an era in which the risks associated with biotechnology multiply,and criminal law needs special attention.It is difficult for the current criminal legislation to cope with the ever-changing biotechnological changes.How should the criminal law examine the risks of modern biotechnologies has become a question of the times faced by the criminal law.In the face of the limited scope of protection of existing norms and the continuous deepening of biotechnological reforms? Contradiction,how to achieve effective governance with a rational attitude is the first problem that the criminal law must solve.This article starts from the safety caused by biotechnology,and discusses from four directions.First,the development of biotechnology and its potential risks.With the joint efforts of many biologists,modern biotechnology has developed rapidly,resulting in a large number of disruptive biotechnologies including gene editing technology and synthetic biology technology.The benefits it brings are visible to the naked eye,but the potential risks associated with technological development are gradually transitioning from "paper danger" to "real danger".In general,there are three major risks: breaking the ethical bottom line,threatening life safety,and breaking the ecological balance.Second,the inadequacy of existing criminal law norms to deal with the risks of biotechnology.The crime of illegally implanting gene editing and cloning embryos added by the "Criminal Law Amendment(11)" opened the door to the era of criminal law governing biotechnology crimes.However,from the overall point of view,there are two main deficiencies in the existing criminal law norms in response to the modern biotechnology change.On the one hand: passive response,lack of initiative to protect biotech risks;on the other hand: phenomenal response,there are still omissions in the existing biotech crime circle,and comprehensive governance cannot be achieved.Third,the criminal law’s position on the potential risks of biotechnology.Faced with the conflict between security needs and freedom of scientific research,criminal law needs to choose between them.Biotechnology risk is one of the modern risks,and criminal law should maintain a rational attitude of what to do and what not to do.We can neither just see technological progress and let it go,nor worry too much about risks and completely ban it.A practical and effective approach should be to respond in a targeted manner according to the level and type of biotech risks.Fourth,improve some countermeasures of criminal law to deal with the risks of biotechnology.Firstly,the criminal law should adhere to the three legislative principles of risk prevention,interest measurement and modesty;secondly,establish legal interests in biosafety,and comprehensively increase the importance of biotechnology risks;thirdly,add three types of prohibited research,illegal experimental and transformational applications.Various types of crimes,strict biotechnology legal network;finally,improve legislative technology,increase unit crimes and qualification penalties.