The Criminal Law Regulation of Surrogacy Accessory Crime

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.