Research on Difficult Problems of Crime of Illegally Implanting Gene-edited and Cloned Embryos
Because the human gene editing behavior affects the physical health of subjects,threatens human genetic safety,tramples on the bottom line of bioethics,Chinese legislators criminalizes Illegally Implanting Gene-edited or Cloned Embryos behavior.The exploration of the legal interests which this crime protects,should not be limited to traditional legal interests such as life and health,public health,etc.,but rise to the level of human genetic safety and bio-ethics.Whether the Illegally Implanting Gene-edited or Cloned Embryos behavior is worthy of criminal punishment,should be considered from four perspectives:the harmful consequences,the personal danger of the perpetrator,modern risks,and bottom-line ethics.To Understand the perpetrating act of crime of Illegally Implanting Gene-edited or Cloned Embryos,we need to start from both formal and substantive perspectives.On the formal side,based on the principle of a legally prescribed punishment for a specified crime,four types of behaviors that are not explicitly stipulated in the criminal law should be excluded;On the substantive side,based on the principle of protecting legal interests,basic experiments and preclinical experiments that pose no risk to traditional human safety and bioethics should be excluded.In addition,we should not misunder-stand embryos and subjects as criminal targets of the crime of Illegally Implanting Gene-edited or Cloned Embryos.
万方数据
维普
