摘要
生命科技的研发和应用关系人类生命安全与国家生物安全。作为协调生命科技健康发展的重点领域立法,生命法的法域定位关系生命法的立法主轴与发展方向。学界就生命法的法域归属问题主要围绕生命法与卫生法、生命法与科技法两组关系展开。相形之下,学界就生命法与卫生法的关系给予了足够的讨论,认为生命法与卫生法二者并列各有侧重,然学界就生命法与科技法的关系命题并未形成定论。遵循部门法研究范式,从生成缘由、调整对象、调整手段三个维面比对发现,生命法是科技法的分支。
The rule of law is an important guarantee for Chinese modernization and strengthening legislation in key areas is both a necessity and a key task for China to promote the comprehensive law-based governance of the country.The high-speed iteration and wide application of life science and technology,such as gene-editing technology and brain-computer interface technology,have increasingly emphasized that the ethics of life technologies should be appropriately governed by law.Therefore,the life law,which concerns national biosecurity and human life safety,naturally becomes the“top priority”in the key areas of legislation.Reviewing existing literature,the most basic and hotly debated issue in the field of life law is the legal sphere location,that is,life law is included in the science and technology law,or life law is parallel to the science and technology law.The legal sphere location is related to the legislative axis and the development direction of the life law.This paper mainly discusses the localization of life law in the field of law,hoping to promote the development of life science,strengthen the scientific formulation of life law,and prosper theoretical research of life law.This paper finds that life law is a branch of science and technology law by combing literature on life law,health law,and science and technology law in the databases of China National Knowledge Infrastructure(CNKI),PKULAW,and National Library Reference and Consultation Alliance.First,life law and science and technology law have the same origin,namely,the moderate fusion of social rationality and scientific rationality,aiming at reducing the uncertainty risk of science and technology.Second,life law and science and technology law regulate the same object.The former is the social relation of life science and technology and the latter is the social relation of science and technology.Third,the adjustment means of life law and science and technology law are the same,which is to restrain the negative externalities of science and technology by regulation mechanisms and promote the development of science and technology by incentive mechanisms.However,the former puts more emphasis on the regulation means.Compared with existing literature,this paper has contributions in the following three aspects.First,in the aspect of question consciousness,it is found that the localization of life law in the field of law mainly focuses on the relationship between life law and health law,and between life law and science and technology law,and the key to clarifying the localization of life law in the field of law lies in the relationship between life law and science and technology law.Second,in the aspect of research methods,it compares life law with science and technology law through the logical system of department law,and emphasizes the interdisciplinary study of life law,science and technology law,and health law,which makes it more systematic and scientific.Third,in the aspect of knowledge increment,it integrates social rationality with scientific rationality,and introduces the theory of life levels,such as biological life,biographical life,and extended life,broadening the theoretical sources of life jurisprudence.This paper objectively reveals the current status of research on the localization of life law in the field of law in Chinese academia,which is not only helpful to deepen the theoretical study of life law and science and technology law but also beneficial to promoting the legislation of life science and technology.
出处
《暨南学报（哲学社会科学版）》
CSSCI
北大核心
2024年第8期79-90,共12页
Jinan Journal(Philosophy and Social Sciences)
基金
国家社会科学基金青年项目“公私法交融视域下生态环境侵权惩罚性赔偿制度的解构与续造研究”(22CFX042)
重庆市教育科学规划重点课题“后疫情时代重庆高校加快建设卫生法专业的路径研究”(2021-GX-105)
重庆市社会科学规划一般项目“医疗损害责任裁判规则类型化研究”(2021WT36)
中央高校基本科研业务费项目“中国民法典的绿色元素研究暨成渝地区实现碳达峰碳中和目标的法治保障研究”(2023CDJSKJJ03)。
关键词
生命法
科技法
生命科技
法域定位
生命权
life law
science and technology law
life technology
legal sphere location
right to life
