In the scope of regulation of Article 1009 of the Civil Code,the ethical and legal issues of human germline genome editing are the most complicated.This article,as the only provision to directly regulate HGGE,is essentially a framework provision that focuses on obligations,and is only a"new provision"rather than a"new rule",but has"new sig-nificance".In order to achieve the national governance policy goal of frontier life science and technology in the field of pri-vate law,it issued a ban on the application of HGGE,and adopted three inadequate but pragmatic regulatory paths of risk,ethics and interests,showing a cautious,inclusive and modest regulatory stance.Due to the inclusion of referral provisions,this article can guide and expand the source of law,and with the potential of legal system construction to raise the level of regulatory provisions,a dynamic regulatory system can be formed with the integration of public law and private law on HGGE.Due to the nature of its general provisions,this article has risks and burdens in application.Only through specific judicial operations can it exert its normative force,so that its legal value and legal effect cannot be overestimated.This arti-cle still needs legislative improvement and legal explanation in the external system and internal system,so as to truly a-chieve the normative purpose and highlight the gene justice with human dignity as the core value in the legal regulation of HGGE.
human germline genome editinghuman dignitygenetic justice
万方数据
维普
