Research On The Objective Aspects Of The Crime Of Illegal Implantation Of Gene Editing And Cloning Embryos

In 2018,scientist He Jiankui announced that a pair of babies with gene-editing technology were born healthy in China,which he claimed were immune to AIDS.Once this news was published,it randomly caused an uproar,which is ethically unacceptable.On December 26,2020,the Amendment(11)to the Criminal Law of the was promulgated,which includes gene editing,cloned human embryos and animal embryo implantation in Article 39 within the scope of the Criminal Law.Subsequently,the Supreme People’s Court determined the abovementioned crimes as the crimes of illegal implantation of gene editing and cloning of embryos.Because this crime is a new crime,only the charges are currently expressed,and there are no relevant judicial interpretations.Therefore,although the legislative loopholes have been filled and the principle of "cannot be followed" has been solved,the specific problem of "how to apply the law" still needs to be solved,especially in the objective aspects of the composition of the key crimes of this crime,which need to be analyzed and studied.On the basis of determining the legal and injurious nature of the crime of illegal implantation of gene editing and cloning of embryos to biosecurity,this paper discusses in detail the objective aspects of this crime.First of all,it is the determination of the objective elements of this crime,including harmful acts("implantation" acts)and criminal targets("gene editing,cloned human and animal embryos" and "human and animal bodies").Secondly,it is to sort out and define the concept of the knowable object of crime,and believe that "in the human body"refers to" the human uterus or uterine appendages,and "in the animal body" refers to "the uterus or uterine appendages of non-human animals".Thirdly,the types of harmful behaviors are discussed according to the circumstances,and it is believed that the criminalization standards for embryo implantation of the same species and the implantation of embryos of different species are different.Finally,it is to understand and identify the "serious circumstances" in this crime,confirm its position in the composition of the crime,and combine all the research to determine the specific manifestations of four "serious circumstances".In order to solve the application of law and promote judicial practice,it will have a certain helpful effect.