Abstract:
In response to the bioethical risks arising from the rapid development of human life sciences and technology, existing case analyses and proposed countermeasures primarily focus on risk perception and governance debates, which limits their effectiveness in practical governance. The "typology theory" in legal studies can be applied to categorize bioethical risks. Based on the process of human life sciences and technology, bioethical risks can be classified into (1) risks in life science and technology research, (2) risks arising from the application of scientific and technological achievements, and (3) risks associated with the effects of these applications. From the perspective of the nature of human life sciences and technology, risks can be further divided into (1) bioethical risks in therapeutic technologies, (2) bioethical risks in assisted reproductive technologies, and (3) bioethical risks in productive technologies. Additionally, bioethical risks can be categorized based on their certainty into (1) measurable risks and (2) uncertainty. In the absence of specialized legislation, it is essential to strengthen consensus and establish legal governance principles for bioethical risks in human life sciences and technology. Specifically, the following principles should be applied: (1) the restriction principle in life science and technology research, and the prohibition principle in the application of technological achievements; (2) the restriction principle for therapeutic and productive technologies, and the prohibition principle for reproductive technologies; and (3) the prohibition principle for certain risks, and the restriction principle for uncertain risks. Moreover, exceptions to these governance principles should be clearly defined through a grid-based categorization approach.