Improve the Life Ethical Legal Responsibility System
September 14, 2023 15:24 Source: "China Social Sciences" September 14, 2023 Issue 2735 Author: Xie Zhiyong

Legal liability is the unfavorable legal consequences caused by specific legal facts or illegal acts,It is restored to damage、Compensation、Special obligations for compulsory performance or acceptance of punishment,That is, the second sexual obligation caused by violating the first sexual obligation。my country's current legal responsibility system includes civil liability、Three forms of responsibility for administrative and criminal responsibility。The construction of the legal responsibility system in the ethics law of life should also meet this framework requirements,But not simply moving traditional civil civilization、Administrative and criminal liability bearing method,should be designed on this basis that has ethical traits、Responsibility to bear the laws that meet the laws of ethics,To effectively predict and prevent ethical risks,Repair the destroyed ethical order,Guide life ethics activities。

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Civilian ethics liability in the ethics of life,Mainly restoration、Compensation liability,It is a violation of the law of life ethics、prohibition of regulations and regulations,and infringe bet365 Play online games on the legitimate rights and interests of subjects such as test participants and public interests,Stop violations that the victims borne by the victims in accordance with the law、Restore the original shape、Damage compensation and other liability,At the same time, you should not ignore ethical order、The recovery and remedy of ethical value。1 is to stop infringement,Including stop test、Stop research、Destroy data, etc.,Equal to the victim's rights and ethical order from continuing to infringe and threatened。The second is to restore the original state and compensate the loss,Except recovery、Compensation for the material property of the parties,Also compensate the victim's body、mental damage。Third is to apologize for gifts,Specifically, apologize to the victim、apologize to the society、Publicly post ethical statement, etc.,It has a psychological compensation function to the victim,Self -compensation and moral recovery function for the infringement,Moral integration for society、Functions built by legal authority。

  Administrative Ethics Responsibility 

In the scientific research field involving life ethics,Traditional administrative responsibility is mainly administrative punishment,such as warning、Penalty、Restrictions, etc.。Taking the test of "Editing Baby bet365 live casino games Gene" as an example,This behavior not only violates laws and regulations,It also damaged life ethics、Harmly gene safety and genetic safety,Except for the corresponding criminal liability,It should also be condemned by public ethics、It is notified to criticize and prohibit the industry,To achieve punishment、The purpose of warning and restoring order。Current,my country is actively exploring new administrative responsibilities that specialize in regulating life ethics activities in addition to traditional administrative responsibilities。For example, Article 48, "Measures for the Ethics of Human Life Science and Medical Research Ethics", such as the National Health and Health Commission and other four departments.,Incident in the credit information system in accordance with relevant national regulations,Standards for joint disciplinary in accordance with laws and regulations,This punishment measure is targeted in the field of life scientific research。Whether it is a traditional administrative responsibility for restricting employment,It is still a new type of administrative liability for scientific research out of trust,All can be implemented through the method of autonomy of industry associations。In view of the professionalism of scientific research and the important value bet365 best casino games of scientific research,Life Ethics Law should clarify the boundary and interaction of the autonomous power and administrative power of the industry association,At the same time, it should also be clearly clarified by the conditions of administrative responsibility、Term、Program and relief,To prevent administrative power from abuse。

  Criminal Ethics Responsibility 

Edit in genes、Medical fields such as human experiments,Improper life ethics activity except may involve "illegal medical crimes",It may also involve ethical crimes added in the Criminal Law Amendment (11)。Among them, Article 334 stipulates,"Violation of relevant national regulations,illegally collects human genetic resources in my country or illegally transportation、mail、Carrying out of my country's human genetic resource materials,Harmly public health or social public interests,The serious plot,Prisoner in prison for less than three years、detention or control,Packed or single fines; bet365 Play online games the plot is particularly serious,Pharma in prison for three years and seven years,Power of fines "。One of Article 336 of Article 336,"Editor the gene、Calone human embryo is implanted into the human body or animal body,or edit the gene、Calone animal embryo is implanted in the human body,The serious plot,Pharis or detention for three years or less,Powder; the plot is particularly serious,Pharma in prison for three years and seven years,Power of fines "。Although these two crimes are targeted at ethical crimes,But its criminal liability does not fully reflect ethical features。In specific cases,It can be based on the crime and the need to prevent re -crime,Applicable "Prohibition" System of Article 37 of the Criminal Law,A prohibition of the person in charge of the main responsible person。For other subjects outside the main responsible person,If a medical institution、Scientific research institutions、Auxiliary agencies and personnel or regulatory agencies for misconduct、Industry Organization、Ethics Review Committee, etc.,Future law should be clear: the above subject should be based on the role played in their ethical crimes,Responsible for the corresponding criminal liability。

  International Ethics Responsibility 

At the international level,Some criteria and statements on ethical responsibility have been widely accepted。For example,The "Declaration of the World Ethics Guidelines" adopted by the United Nations Teaching and Art Organization in 2005,Standards the ethical liability that researchers and relevant institutions should assume in the field of life sciences and biotechnology。The Herbinycus Declaration released by the World bet365 Play online games Medical Association also proposes the ethical principles and responsibilities that medical researchers should comply with in human experiments。These international standards provide basic frameworks and guidance for the construction of the international ethical responsibility system。But,The current cross -border life ethics liability accountability is still large difficulty,Because the responsibility of life ethics itself has civil、Administrative、Criminal Department Law Slip,and there is a gap between the physical law and the procedure method of different countries,It is difficult to coordinate the understanding and norms of ethical responsibilities in various countries,Cross -border cooperation is difficult to achieve。

In short,With the arrival of the digital age,Digital technology and artificial intelligence in biomedical、Gene editing and other fields have extensively exacerbated risk and challenges in life ethics,Urgently need to further improve and develop the ethical responsibility system of life,Through more scientific、Reasonable、Strict legal norms to regulate life ethics activities。

  (The author is a professor at the Institute of Comparative Law of China University of Political Science and Law) 

Editor in charge: Cui Bohan
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