On The Identification Of Illegal Implantation Of Gene Editing And Cloning Embryo Crime "Serious Circumstances"

The cutting-edge medical technology represented by human gene editing technology has epoch-making revolutionary.At the same time,the danger of its existence cannot be underestimated.If this technology is not appropriate,it will bring us and our children and grandchildren.The loss of recovery,so the <Criminal Law Amendment(11)> will be illegally implanted with gene editing and clone embryo crime.However,the "serious circumstances" of illegal implantation of gene editing and crime of cloning embryos are more vague in specific connotation and judgment standards.In order to ensure the accuracy of judicial identification,it is necessary to interpret it in depth.The serious determination of illegal implantation of gene editing and cloning embryo crime is seriously determined.First of all,it is necessary to start with the "serious plot" system positioning,analyze the disputes of the serious nature of the plot,and evaluate several main doctrine.It is impossible to include the facts before and after the "serious plot",the "serious plot" has objective attributes,the subjective factors of the perpetrator should not be considered in judicial judgment,and theoretically "plot" should not be given by its severity.Looking at several aspects such as splitting,the "serious circumstances" of this crime should apply the overall illegal evaluation as a judgment standard.Secondly,starting from the "serious plot" system positioning,finding legal benefits is of great significance for determining the circumstances of this crime.From the current point of view,the academic community has the differences in the identification of the "serious circumstances" of this crime.There are differences in the "single law" and "composite theory".Among them,according to the different legal benefits,specific differentiation can be performed.Among them,the "single law theory" can be divided into: "medical order theory","theory of human dignity" and "human genetic security theory".represent.According to the degree of conformity of the law and benefits of the law and the protection of the law,based on the connotation of the legal interests,the constituent elements that combine the crime should be determined that the law and interests that should be protected in this crime should be "human genetic and safe." In addition,from the specific behavior,after determining the benefits of illegal implantation of gene editing and cloning embryo as "human genetic safety",it rely on the law of the law to conduct specific judgments on "serious circumstances".The main discussion is a serious violation of ethics represented by multi-person implementation of gene editing,combining heterogeneous genes,implanted mothers,and serious violations of ethics represented by gene editing.The life and health of the testers cause potential risks,the behavior of genetic damage representing the risk of human genetic security,and the infringement of the right to the subject and the right to privacy,violate the principle of voluntary the subject,and forge the relevant test permits as representatives.Acts for deception,coercion and other methods.Finally,combined with illegal implantation of gene editing,system positioning of cloning embryo,the relying on legal benefits and specific behaviors to build the bottom line standard of this crime,that is,the "serious plot" is not limited to the consequences of the harm,and the specifics are not required to meet the specifics.Dangerous state and establishment of behavioral danger standards.