Surrogacy has become a global phenomenon.Recent unethical incidents of surrogacy abroad reflect the ethical risks of surrogacy.Surrogacy mainly causes three ethical risks:first,it endangers the human dignity of the su...Surrogacy has become a global phenomenon.Recent unethical incidents of surrogacy abroad reflect the ethical risks of surrogacy.Surrogacy mainly causes three ethical risks:first,it endangers the human dignity of the surrogate mother and child;second,it endangers good customs in terms of the family’s ethical and moral order;third,it is not in line with virtues in terms of protecting the disadvantaged children in surrogacy.The existence of ethical risks in surrogacy requires a completely prohibitive stance at the legal regulatory level.The reasons given by surrogacy supporters for denying the ethical risks are not convincing.Their recognition of the rationality of surrogacy is also not tenable.With the legal stance of complete prohibition,specific legal strategies include clarifying the legal principle of prohibiting surrogacy,increasing penalties for surrogacy,and implementing the principle of maximizing the interests of the children.展开更多
Background:Medical artificial intelligence(MAI)is a synthesis of medical science and artificial intelligence development,serving as a crucial field in the current advancement and application of AI.In the process of de...Background:Medical artificial intelligence(MAI)is a synthesis of medical science and artificial intelligence development,serving as a crucial field in the current advancement and application of AI.In the process of developing medical AI,there may arise not only legal risks such as infringement of privacy rights and health rights but also ethical risks stemming from violations of the principles of beneficence and non-maleficence.Methods:To effectively address the damages caused by MAI in the future,it is necessary to establish a hierarchical governance system with MAI.This paper examines the systematic collection of local practices in China and the induction and integration of legal remedies for the damage of MAI.Results:To effectively address the ethical and legal challenges of medical artificial intelligence,a hierarchical regulatory system should be established,which based on the impact of intervention measures on natural rights and differences in intervention timing.This paper finally obtains a legal hierarchical governance system corresponding to the ethical risks and legal risks of MAI in China.Conclusion:The Chinese government has formed a multi-agent governance system based on the impact of risks on rights and the timing of legal intervention,which provides a reference for other countries to follow up on the research on MAI risk management.展开更多
基金phased research outcome of the project funded by the“Fundamental Research Funds for the Central Uni-versities”(Project Number 2022NTSS06).
文摘Surrogacy has become a global phenomenon.Recent unethical incidents of surrogacy abroad reflect the ethical risks of surrogacy.Surrogacy mainly causes three ethical risks:first,it endangers the human dignity of the surrogate mother and child;second,it endangers good customs in terms of the family’s ethical and moral order;third,it is not in line with virtues in terms of protecting the disadvantaged children in surrogacy.The existence of ethical risks in surrogacy requires a completely prohibitive stance at the legal regulatory level.The reasons given by surrogacy supporters for denying the ethical risks are not convincing.Their recognition of the rationality of surrogacy is also not tenable.With the legal stance of complete prohibition,specific legal strategies include clarifying the legal principle of prohibiting surrogacy,increasing penalties for surrogacy,and implementing the principle of maximizing the interests of the children.
基金funded by China Law Society 2025 Annual Legal Research,Project grant number:CLS(2025)Y04.
文摘Background:Medical artificial intelligence(MAI)is a synthesis of medical science and artificial intelligence development,serving as a crucial field in the current advancement and application of AI.In the process of developing medical AI,there may arise not only legal risks such as infringement of privacy rights and health rights but also ethical risks stemming from violations of the principles of beneficence and non-maleficence.Methods:To effectively address the damages caused by MAI in the future,it is necessary to establish a hierarchical governance system with MAI.This paper examines the systematic collection of local practices in China and the induction and integration of legal remedies for the damage of MAI.Results:To effectively address the ethical and legal challenges of medical artificial intelligence,a hierarchical regulatory system should be established,which based on the impact of intervention measures on natural rights and differences in intervention timing.This paper finally obtains a legal hierarchical governance system corresponding to the ethical risks and legal risks of MAI in China.Conclusion:The Chinese government has formed a multi-agent governance system based on the impact of risks on rights and the timing of legal intervention,which provides a reference for other countries to follow up on the research on MAI risk management.