The development and application of human gene editing technology have great potential benefits and risks.How to balance technological progress and risk prevention is the most fundamental issue in regulating such behavior in criminal law.Therefore,foreign scholars have proposed two perspectives:strong risk prevention under the concept of order dignity and weak risk prevention under the concept of freedom dignity.The former advocates that as long as the risks are not thoroughly proven,the development of human gene editing technology should not be interfered with;The latter believes that as long as the risk has not been thoroughly proven,taking risks should be prohibited.These two value orientations have their own advantages and disadvantages,and neither should dominate the overall situation.The rational choice is to govern by region.Regardless of the prevention mode,the criminal regulation of human gene editing behavior must adhere to the bottom line,which is to follow the principles of purposiveness,social fairness,human genetic purity,and human rights and humanity.The current criminal law has problems with the regu-lation of human gene editing behavior,such as lack of foresight,narrow regulatory scope,single criminal subject,and conservative prevention mode.It is necessary to differentiate the potential harm of different human gene editing be-haviors and adopt different prevention modes based on bottom line thinking and domain specific approaches.
关键词
人类基因编辑/强式风险预防/弱式风险预防/规制模式
Key words
human gene editing/strong risk prevention/weak risk prevention/regulatory modes
维普
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