Since the 21st century，The rapid development of medical technology，Human gene technology、Human auxiliary reproduction、Terminal medical care such as organ transplantation has continuously stimulated the redesign of "people" and "life"，Ethical value、Specification System、Social order brings major challenges。In the research and application of cutting -edge medical technology，Only simultaneously carry out ethical reflection、Legal response and social evaluation，Only when you enjoy the well -being of medical progress，Avoid risk and damage caused by emerging technologies。Criminal Law as "the highest level of legal protection" (Rockensin)，We must actively cope with the development of cutting -edge medical technology，Defining the bottom line for related research and use。

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Many issues caused by the impact of cutting -edge medical technology on human and society can be divided into essential issues and risk issues，These issues are ethical、The dimensions of law and society are expanded and connected to each other。The essential issue refers to the means of cutting -edge medical treatment and its product itself，The division of people and things、Human dignity、The essence of life、Scientific Research Freedom、Thinking of self -decision rights, etc.; risk issues are social risks caused by fingertips at the application level、Discussion on scientific and technological risks and industrial risks。Ethical issues involved in the ethical consideration of cutting -edge medical care，The issue of risk points directly point to its social meaning，Law is the bridge of communication between the two，That is, the law is based on ethical reflection，For the purpose of controlling the risk。

Medical law is a law covering Fa Confucianism、Constitution、The integration system of departmental law，As the founder of the Japanese Medical Act, Bet365 lotto review Mr. Xiao Ichi said，The basic concept of the medical method is，"The development of natural facts and natural science exists in legal gaps，The law should play the role of coordinated interests，The positive significance of legal adjustment is to protect and establish basic rights "。The study of criminal law in the field of cutting -edge medical care is based on jurisprudence、Constitution as a premise，Maintain coordination with other departments，Keep close connection with ethical specifications。The core task of the criminal law is to delineate the boundary of related behavior and non -crime in cutting -edge medical research and application，Its purpose is，It is necessary to inhibit and prevent serious violations of legal and interest，It is also necessary to retain the necessary space for the research and implementation of cutting -edge medical care，Do not over -hinder the development and progress of medical technology。Between the risks and interests brought by the cutting -edge medical technology、Between the legal benefits of the conflict，Find a proper balance point。

　　Criminal Law intervene in the field of cutting -edge medical care

Constitutional Studies indicate，To protect the dignity of people is an important value of the Constitution，The development of modern biotechnology has seriously touched the value of the dignity of people。Examination of cutting -edge medical technology ontology can be seen，Human dignity is mainly reflected in the field of respect for people、Unique，Guarantee the right to self -decision、right to life、Health Right、Privacy，or at any time can not be used as a tool to commercialize。Uniqueness and accidental nature are the source of personality dignity，Life is the prerequisite and foundation of personality dignity，freedom and autonomy are the core of personality dignity，The body is the carrier and support of the dignity of personality dignity。

Discuss whether the criminal law is involved in the cutting -edge medical technology and its associated behavior，Legislative theory must make full arguments on the specific legal benefits of damage。In bet365 best casino games particular, you need to pay attention to，Criminal Law Intervention in the cutting -edge medical care will essentially restrict the freedom of medical participants。So，Need to demonstrate the legitimacy of related freedom and its scientific research with medical researchers、Selling (rent) the relationship between the self -decision of the body organs，The legitimacy of its legitimacy must return to the highest value of human dignity as the highest value of medical criminal law。Personal dignity is the value of the value of the new type of legal benefits，is the ultimate reason to resolve the conflict of interests，The fundamental criterion for the guilization of related behaviors。Criminal Law based on protecting personality dignity as the essence of intervention in cutting -edge medical treatment。At the same time，Passed the legislative confirmation and protection of the criminal law to help improve the general consciousness of public respect for the public，Specification confirmation is also an important function that criminal law cannot ignore。

Bring by the progress of modern life technology、New risks closely associated with personality dignity，It is one of the important sources of modern risks。Due to the breakdown of modernity，Humans from classical industrial society to risk society，Modern risk has "heterogeneity" and "inaccurate"，Species with genetic technology as the core have all important features of modern risks。Although the technology and risk are new types，but，The "personality dignity" it touches is fundamental and eternal。Criminal Law may not be unable to resolve risks，Even if the criminal prohibition specifications are specified，It is also necessary to continue to exist "prohibited and more" behavior。but，Criminal Law can designate the boundary of the cutting -edge medical technology with the clearest attitude，Promote the public formation of consistent value judgment; at the same time，Criminal Law through the most powerful punishment on the cutting -edge medical crime，Confirm bet365 live casino games the effectiveness of the specification，Establish the correct mode to guide the behavior of various medical participants。The international nature of the criminal law、Preventability、Comprehensive and balanced features，Globalness that can cope with risks to a certain extent、Unknown、Systemic and two -sided。

　　The boundary of the criminal law involved in the field of cutting -edge medical care

Criminal Law specifications have the most powerful compulsory and most serious punishment，This is an unparalleled for ethical specifications and other law specifications，But it is also based on this feature，Criminal Law specifications can only intervene in cutting -edge medical treatment within the necessary limit，Adhere to the spirit of "humility" of the Criminal Law。modesty means that criminal legislators and judicies actively take the "scope of limited crime、Umction of restrictions on punishment "as the basic tendency of legislation and judicial，The intervention of criminal law on social life shall be controlled within the minimum limit to maintaining the survival and development of the community of nursing communities。

Criminal Law as the guarantee law of the cutting -edge medical specification system，It is closer to life ethics、Certain contact，Taking other medical laws and regulations as the inevitable premise。Supplementary nature of criminal law、Ecacticity and guarantee，It means that only when the protection of basic rights required by the constitution can only be achieved in other ways，Legislators are obliged to formulate criminal law to intervene in cutting -edge medical treatment。The state is fulfilled while performing protection obligations，It must minimize the limitation of other medical participants as much as possible。So，Life ethics and general laws are sufficient to regulate，Criminal Law should not be intervened; opposite，Criminal Law should be actively involved。Otherwise，No criminal prohibition and compulsory as a guarantee，Life Ethics and other legal norms will eventually flow in form。

　　Criminalization standard for improper behavior in cutting -edge medical research and application

Vanberg has demonstrated the moral legitimacy of the criminalization of the legislative agency，The standard is based on the "Restricted Freedom Principles" in the background of liberalism.，The principle of damage (HARM) and offense (OFFENSE) as the condition for crime。Interpreting legal personal autonomy as an absolute management right is an important path of the dignity of the argument，Able to thoroughly interpret the related issues involved in the field of cutting -edge medical care。Based on this，Framework standards of related actions in the field of cutting -edge medical fields can be generally summarized as the following points。

First，Research or application of cutting -edge medical technology clearly infringes a sideline that violates personality dignity.。It is an important criterion for crime that is worthy of protection，Concentrated in the field of cutting -edge medical care highlights "human dignity"。Determine whether a certain class of specific cutting -edge medical care is legitimate or not，Whether it is clearly degraded and denied the side of a person's dignity，Different aspects of human dignity constitute the direct legal benefit of the protection of criminal law。

Second，The basic medical facts of clarifying and confirming the cutting -edge medical technology are the prerequisite for crimeization。Copy medical care is a special field，Have its own concepts in the medical field、Properties、Risks and interests。For example，Types of cloning technology、Medical value of gene sequencing, etc.，Only first understand these medical facts，can we consider whether it is necessary to transform it into legal (specification) facts in the criminal law。In other words，Medical facts are the basis of legal facts。The high professionalism of cutting -edge medical care makes it different from the areas of ordinary social life that is easier to form "public opinion"，So，Legislators need to fully understand medical views and opinions，Absorption of medical professionals participating in legislation is the direction of solving problems。

Third，Objective、External cutting -edge medical Bet365 lotto review or associated behavior is the center of crimes，This is the emphasis on the principle of behaviorism in the field of cutting -edge medical care。In the study of cutting -edge medical treatment，Details of both pure theory，There are also practical experiments to carry out，Only "behavior" that acts on the outside enters the vision of criminal law，The thinking and ideas that only exist in the heart are not the object of the criminal regulations。

fourth，Life Ethics、Medical general law is not enough to regulate the abuse of cutting -edge medical care，is the key to crime。In the field of cutting -edge medical treatment，It is constantly improving and establishing a complete ethics and legal norm system，Only the personal self -discipline、Industry self -discipline、After the supervision of the administrative department, the supervision and other means，It is still not enough to punish and prevent related acts，Considering the use of punishment; only when explaining the existing criminal law regulations still cannot pursue the criminal responsibility of related behaviors，Only need new criminalization in legislation，So as to achieve the requirements of humility。

Fifth，Fully consider ethics related to cutting -edge medical care、Religious、Culture、History and social perspective，is the guarantee of crime。Under the double restrictions of the protectionism and humility of legal benefits，Legislators still have a certain legislative policy space。The problems involved in cutting -edge medicine are so wide and profound，Different countries must consider their specific religion、Ethics、History and cultural background，Different times should pay attention to the actual situation of society at the time，These factors together constitute an important content of criminal policy，Guidance and adjustment of criminalization and non -criminal border，The purpose of achieving punishment prevention and punishment，Ensure that its applicability and prosecution can be pursued。

　(This article is the Study of the National Social Science Fund's major project "Socialist core values ​​into the Study of the Civil Code compilation of major issues" (17vhj002) phased achievement)

(The author is a professor at the School of Humanities of Jinan University)