Science & Technology Review
|
2022, 40(12): 123-129
• Papers •
Legal regulation for medical application of gene editing technology
Full
ZHU Bingqiang
Affiliations
Law school, Hunan Normal University, Changsha 410081, China
Published: 2022-06-28
doi: 10.3981/j.issn.1000-7857.2022.12.012
Outline
There are obvious deficiencies in the medical risk regulation and control of the gene editing technology through the civil law and the criminal law, and the reinforcement must be made by the administrative law. From the perspective of the constitutional theory of life, the medical application of the gene editing technology needs to be regulated and controlled through a scientific administrative approach. It is suggested to regulate the medical application of the gene editing technology by the scientific administration. To achieve this goal, the concept of the gene editing medical treatment needs to be defined scientifically; the technical rules on the regulation of the medical application of the gene editing technology need to be improved; the penalty provisions need to be set scientifically and fairly. In addition, it is necessary to improve the legislative level and to form a comprehensive, systematic and special technical regulations for the gene editing. In terms of the administrative supervision, it is suggested to give individual case permission under a comprehensive review. And we should strengthen the openness of the administrative supervision and reform the mechanism of the ethical review. As for the administrative justice, a fair administrative dispute resolution system for the gene editing is necessary with reasonable basic principles for the dispute adjudication, the appropriate methods of a balancing of interests, the people jury system and the experts as the witness play big roles in the system.
gene editing
/
reproductive medicine
/
risk control
/
ethical review
ZHU Bingqiang.
Legal regulation for medical application of gene editing technology[J].
Science & Technology Review,
2022
, 40
(12)
: 123
-129
.
DOI: 10.3981/j.issn.1000-7857.2022.12.012
Year 2022 volume 40 Issue 12
PDF
457
69
Cite this Article
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Article Info
doi: 10.3981/j.issn.1000-7857.2022.12.012
- Receive Date:2020-08-09
- Online Date:2022-08-05
- Published:2022-06-28