SHI Jing*

 

Abstract: The establishment of a sound science and technology ethics governance system is an inevitable requirement for national modernization. Faced with the development of human gene technology and the chaos in research activities, the ethical standards and legal positioning of human gene research activities urgently need to be clarified. The human rights ethics view has value inclusiveness and value fundamentality, and includes three levels of connotations: content dimension, relationship dimension, and obligation dimension. It should serve as the ethical standard for human gene research activities. Based on the provisions of China’s Constitution, the human rights ethics view on human gene research, as a constitutional ethics view, can elucidate different levels of rights content, such as human dignity, life and health, and research freedom. It also addresses the weighing of basic rights conflicts and the dual obligation subjects of public and private nature. Relying on the constitutional value embedding of the research ethics view to form ethical consensus, improving ethical review through framework legislation for human rights interests, and implementing ethical responsibility through the human rights-oriented interpretation of ethical legal norms are the three pathways to realizing the human rights ethics view on human gene research.

 

Keywords: ethical view on human gene research · research freedom · basic rights · human rights ethics view · constitutional interpretation