The behavior of covering up and concealing the risk of biotechnology leads to the dangerous situation of biosafety"without defense",but the criminal law is difficult to deal with effectively.Under the background that the pre-law has made clear provisions on the risk disclosure of biotechnology,the criminal law should take action based on the guidance of the precautionary principle.Of course,biotechnology innovation and development and biosafety guarantee can not be neglected.In view of the administrative crime and omission crime attribute of non-disclosure of biotechnology risk,criminal law endow the interest subject with the obligation of disclosure of biotechnology risk,and declares the commandment of"should be done".It should be based on the premise that non-disclosure of biotechnology risk in the pre-illegal law reaches the degree of criminal illegality,so as to avoid the reckless expansion of criminal law due to the endorsement of the precautionary principle.