| In recent years,due to the increase of infertility rate and the development of human assisted reproductive technology,commercial surrogacy has emerged.Moreover,the illegal cost of this kind of behavior is low but the benefit is high.It has been repeatedly prohibited in China for a long time,causing many legal disputes,which not only violates public order and good customs,but also may seriously violate the rights and interests of women and children,and cause serious violations of social and personal legal interests.Considering the infringement of legal interests of illegal commercial surrogacy,it is imperative to regulate it by criminal law.The criminal law regulation is divided into legislative regulation and judicial regulation,and the weak judicial regulation of commercial surrogacy actually stems from the defects of the legislative system.At present,the research on the criminal law regulation of commercial surrogacy in China is not sufficient,mainly focusing on the debate on the legalization and illegalization of surrogacy at the level of legislative regulation,including the views of "full legalization of surrogacy","full illegalization of surrogacy",and "legalization of separation of surrogacy districts".Although the view of "legalization of separation of surrogacy districts",which advocates the distinction between commercial surrogacy and non-commercial surrogacy and gives different legal consequences,occupies the theoretical highland,the current civil legislation,administrative legislation and even criminal legislation cannot effectively respond to it.In view of the serious infringement of commercial surrogacy on the national reproductive management system and human dignity,it is necessary to deeply discuss the criminalization and penalization of commercial surrogacy: first,point out that the current criminal legislation on commercial surrogacy is insufficient;Secondly,define the concept and characteristics of commercial surrogacy;Thirdly,the justification of criminalization and penalization of commercial surrogacy is demonstrated;Finally,the author puts forward the criminal law concept and specific path of legislative regulation of this act.In the process of research,by closely linking the criminal rule of law practice in China,using literature analysis,case analysis and other research methods,the aim is to put forward reasonable suggestions for improving criminal legislation,with the help of adding the crime of organizing commercial surrogacy,in order to achieve the criminal purpose of preventing commercial surrogacy crime,protecting women,daughters and children and other personal legal interests. |
