代孕改变了传统的生命孕育方式,引发出一系列道德、宗教、法律等问题,我国通过行政法规的形式禁止医疗机构及其人员进行代孕,但地下代孕屡禁不止。通过理论上和实践上,对代孕犯罪化的考察,在我国的特殊文化背景下,代孕在我国不仅不具有伦理的正当性,而且具有严重的社会危害性,应为刑法所禁止。 Surrogacy has changed the traditional way of giving birth to life, triggering a series of problems of morality, religion and law. Our country prohibits medical institutions and their personnel from surrogately surrendering pregnant women in the form of administrative laws and regulations. Through theoretical and practical investigation of the crime of substituting surrogacy, under the special cultural background of our country, surrogacy in our country not only does not have the ethical legitimacy, but also has serious social harmfulness. It should be prohibited by criminal law.