Legal interest structure and normative application of the crime of illegal implantation of gene-edited embryos
The legal interests protection of the crime of illegal implantation of gene-edited embryos include hu-man dignity,embryo rights,scientific research ethics,public safety,health management order and human genetic safety.However,the act of illegally implanting gene-edited embryos does not necessarily cause damage to the life and health of the subjects and embryos,and it is not appropriate to define objects that are too abstract and floating as legal interests.Therefore,the legal interest of the crime of illegal implantation of gene-edited embryos should be"human genetic safety".This legal interest is a collective legal interest with an independent value of existence that cannot be reduced to an individual legal interest.This crime is an abstract dangerous crime,so the"serious circumstances"should be clarified,and the urgency of the infringement of the legal interest of human genetic safety by gene editing behavior should be used as the substantive judgment standard of"serious circumstances"to limit the expansion of the state's penal power by the pre-positioning of legal interests.
crime of illegal implantation of gene-edited embryosgene editingcollective legal interestsserious circumstances
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