法的价值冲突视域下人类基因编辑技术的立法规制

Legislative Regulation of Human Gene Editing Technology from the Perspective of Value Conflict of Law

人类基因编辑技术涉及社会公共安全、私权利保障、医疗技术发展等多元问题,对其立法规制需要考量法的价值冲突,即选择自由与分配公平、科研自由与基因信息安全、生育自由与人格尊严、个人自决与代际正义之间的冲突。基于当前相关立法规制中存在的法律体系有待完善、立法表达需要精细化、法律责任尚需明晰、监管程序有待强化等难点问题,可以采取以多元协调方式架构法律体系、以全链维度系统性设定立法内容、以预防惩戒并重为目标设置监管程序、以整体法秩序为主线明晰法律责任等策略,完善人类基因编辑技术的立法规制。

Human gene editing technology involves multiple issues such as social public security,protection of private rights and interests,and development of medical technology.Its legislative regulation needs to take into consideration the value conflicts of law;that is,the conflicts between freedom of choice and fairness of distribution,between freedom of scientific research and genetic information security,between freedom of reproduction and human dignity,and between individual self-determination and intergenerational justice.Based on the difficult problems of the current legal system that needs improving,legislative expression that needs to be refined,legal responsibilities that need to be clarified,and regulatory procedures that need to be strengthened in relevant legislative regulations,a series of improvement measures shall be taken.It is recommended that strategies shall be adopted of constructing a legal system through diversified coordination,systematically setting legislative content on a full chain dimension,setting regulatory procedures with equal emphasis on prevention and punishment,and clarifying legal responsibilities based on the overall legal order,so that the legislative regulations of human gene editing technology will be improved.