Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dig...Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dignity, and protection of the current human social ethics and moral outlook and natural evolution order, gene therapy should be permitted while genetic enhancement should be prohibited. After the boundary of the genome editing application category is clearly defined, the risk that social inequality may increase, the biosafety and damage risk and the privacy and personal information disclosure risk brought by human genome editing should be analyzed.Based on this, the legal approach to regulating genome editing should be to adopt an inclusive and prudent hierarchical supervision idea ensuring universal access to genome editing under the social permission theory. A human rights impact assessment system and an in-process framework for diversified risk evaluation and inclusive and prudent hierarchical supervision, determine a posterior attribution principle and dynamically standardize genome editing application order in a closed-loop way.展开更多
The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. Internat...The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.展开更多
The right to subsistence and the right to development are the primary basic human rights,and there is a certain connection between the two.Although they refer to different things,they are mutually dependent and restri...The right to subsistence and the right to development are the primary basic human rights,and there is a certain connection between the two.Although they refer to different things,they are mutually dependent and restricted.It is necessary to distinguish the right to development as a means and the right to development as an end.The former is the right to participate in,promote,and enjoy development,while the latter is the right of all people to enjoy free,comprehensive,and harmonious development.The protection of the right to subsistence and the right to development form an interacting virtuous cycle under certain conditions.The process of building a moderately prosperous society embodies this virtuous cycle.To build a modern socialist country in an all-round way,it is still necessary to keep on promoting the virtuous cycle between the right to subsistence and the right to development.展开更多
基金phased achievement of both Research of the Theory of Legal principles in the Modern Hermeneutic Horizon(Project Approval No.21AFX003)of the National Social Science Fund of China2021 Annual Special Scientific Research Fund for Academic Postgraduates(Project Approval No.2021LAW005)Law School,Beijing Normal University.
文摘Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dignity, and protection of the current human social ethics and moral outlook and natural evolution order, gene therapy should be permitted while genetic enhancement should be prohibited. After the boundary of the genome editing application category is clearly defined, the risk that social inequality may increase, the biosafety and damage risk and the privacy and personal information disclosure risk brought by human genome editing should be analyzed.Based on this, the legal approach to regulating genome editing should be to adopt an inclusive and prudent hierarchical supervision idea ensuring universal access to genome editing under the social permission theory. A human rights impact assessment system and an in-process framework for diversified risk evaluation and inclusive and prudent hierarchical supervision, determine a posterior attribution principle and dynamically standardize genome editing application order in a closed-loop way.
文摘The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.
基金a periodic result of both the research project of China Society for Human Rights Studies“Research on Modern Chinese View on Human Rights”the national planned social science project“Research on Grassroots Political Stability and Its Risk Control”(19BZZ048)
文摘The right to subsistence and the right to development are the primary basic human rights,and there is a certain connection between the two.Although they refer to different things,they are mutually dependent and restricted.It is necessary to distinguish the right to development as a means and the right to development as an end.The former is the right to participate in,promote,and enjoy development,while the latter is the right of all people to enjoy free,comprehensive,and harmonious development.The protection of the right to subsistence and the right to development form an interacting virtuous cycle under certain conditions.The process of building a moderately prosperous society embodies this virtuous cycle.To build a modern socialist country in an all-round way,it is still necessary to keep on promoting the virtuous cycle between the right to subsistence and the right to development.
