人格尊严具有宪法最高价值,刑法以最明确的禁止规范和最强烈的惩罚措施,为人格尊严提供最直接和最有效的保护。尖端医疗的不当实施会严重损害人格尊严,此乃刑法介入尖端医疗的实质根据和终极理由。运用刑法规制尖端医疗领域及其关联行为,是风险社会的重要议题。
Human dignity is the most important value of constitution, and criminal law can provide the clearest prohibitions and most powerful punishments to protect human dignity direct- ly and effectively. If advanced medicine is implemented improperly, it will be in contradiction with human dignity, which becomes the essential base and ultimate reason for criminal lawns regulating. It is an important issue in risky society that how to apply criminal law to regulate ad- vanced medicine and its related actions.