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The Legal Risk of Human Enhancement Technology and Its Regulation in China

As 
technology advances, our ability to intervene with ourselves has reached an 
unprecedented height, and “human enhancement” has come into being and discussed 
by the public. This paper holds that human enhancement behavior is based on 
mutual voluntary medical service behavior, which is essentially a civil legal 
act. In reality, human enhancement may be abused under the dual inducement of 
commercial interests and social needs as the technology develops. The Chinese 
government has the responsibility to be a major part in the process of 
regulating the technology by law in order to minimize its harmful impact on 
public stability. But some problems still exist, such as vague regulatory standards, 
unclear regulatory authorities, insufficient legal responsibility response and 
imperfect relief procedures. This paper focuses on the 
legal issues brought about by human enhancement and discusses it in a 
systematic way, and tries to put forward suggestions that could function with 
China’s national conditions. As for the bottom line of human enhancement, 
reproduction gene enhancement should be absolutely prohibited, and other 
enhancement methods should be conditionally restricted. In terms of the overall 
regulation path, it should focus on legal provisions, and implement the 
regulation mode by both mild and strict laws. China should also set up special 
agencies and implement strict access mechanism. At the same time, the industry 
association should formulate the corresponding technical norms and cultivate 
the scientific concept of the public, in order to improve the effect of legal 
regulation.