The Criminal Law Regulation of Surrogacy Accessory Crime

IF 0.2 4区社会学 Q4 AREA STUDIES

African and Asian Studies Pub Date : 2022-03-24 DOI:10.1163/15692108-12341530

Y. Zhai

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引用次数: 0

Abstract

With the continuous improvement of artificial reproduction technology, in vitro fertilization (IVF) or embryo transfer technology has developed rapidly. At the same time, the proportion of crimes related to surrogacy is also increasing. Surrogacy has different problems in judicial practice, laws and regulations, and theory. Specifically, it can be subdivided into: due to the lack of surrogacy regulation in current laws and regulations, there are related problems centered on surrogacy behavior. On the one hand, it often encounters bottlenecks due to the lack of legal support in judicial practice; On the other hand, at the theoretical level, because surrogacy involves the exclusive rights of life, such as physical rights and reproductive rights, this practical issue is controversial and has mixed opinions, which leads to the fault phenomenon in the application of this issue at the judicial level. Based on this situation, this paper starts from the practical level, enumerates the typical cases involving criminal acts in the process of surrogacy, and regulates them with the existing criminal law norms. Secondly, refine the characteristics and elements of surrogacy behavior in the above-mentioned practical level, think about this phenomenon, and redefine the concept of surrogacy based on the current social environment. Finally, on the basis of the above concept of surrogacy, return to the level of criminal law, take the dichotomy of surrogacy regulation as the guidance, and take the surrogacy institution as the main body of crime. It jointly explores the way to solve the black industrial chain of surrogacy.

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代孕从犯的刑法规制

随着人工生殖技术的不断进步，体外受精（IVF）或胚胎移植技术发展迅速。与此同时，与代孕有关的犯罪比例也在增加。代孕在司法实践、法律法规和理论上都存在着不同的问题。具体来说，可以细分为：由于现行法律法规对代孕行为缺乏规范，存在以代孕行为为中心的相关问题。一方面，由于司法实践中缺乏法律支持，它经常遇到瓶颈；另一方面，在理论层面，由于代孕涉及身体权、生育权等生命专属权利，这一现实问题存在争议，众说纷纭，导致该问题在司法层面的适用存在断层现象。基于这种情况，本文从实践层面入手，列举代孕过程中涉及犯罪行为的典型案例，并以现有刑法规范对其进行规范。其次，在上述实践层面提炼代孕行为的特征和要素，思考这一现象，并基于当前的社会环境重新定义代孕的概念。最后，在上述代孕概念的基础上，回归刑法层面，以代孕监管的二分法为指导，以代产机构为犯罪主体。共同探索解决代孕黑色产业链的途径。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

African and Asian Studies AREA STUDIES-

CiteScore

0.60

自引率

0.00%

发文量

期刊介绍： The journal presents a scholarly account of studies of individuals and societies in Africa and Asia. Its scope is to publish original research by social scientists in the area of anthropology, sociology, history, political science and related social sciences about African and Asian societies and cultures and their relationships. The journal focuses on problems and possibilities, past and future. Where possible, comparisons are made between countries and continents. Articles should be based on original research and can be co-authored.