The main features of CRISPR-Cas9 gene editing technology are ease of operation, high accuracy and heritability, which has spawned the risks of gene editing while benefiting human beings. According to the purpose of gene editing, gene editing can be divided into three types: therapeutic, preventive and synergistic. Synergistic gene editing and the act of implanting human embryos into animals or implanting animal embryos into human bodies, which seriously violate medical ethics and pose a danger of human destruction, should be the aggravating circumstances of the crime of illegal implantation of gene editing and embryo cloning in the criminal law. Other gene editing acts should also constitute the crime of destroying property, infringing on citizens’personal information, and theft, as appropriate. In addition, in order to achieve the proportionality of criminal responsibility and punishment, it is necessary to formulate clear technical standards in relevant administrative regulations, and when there is a result of serious injury or death, it is determined to be the crime of illegal implantation of gene editing and cloning embryos according to the subjective guilt of the perpetrator, and the crime of intentional injury causing death or intentional homicide.