风险社会理论以反思现代化为起点,以科技风险为核心、以制度建构为出路。转基因作物存在生态安全风险、粮食安全风险、人类自身风险。转基因作物的风险管理需要法律保障,其立法理念包括风险预防原则、风险沟通原则、全程监管原则、法审慎介入原则。刑法应对科技风险应有所作为,我国在转基因作物方面以行政立法为主,刑法立法尚有待完善。可制定转基因科技专门立法,亦可在现有刑法中增设专项法条。 Risk-based social theory to reflect on the modernization as a starting point to science and technology risk as the core, the system construction as a way out. Genetically modified crops present ecological security risks, food security risks and human own risks. The risk management of genetically modified crops needs legal protection. The legislative concept includes the principle of risk prevention, the principle of risk communication, the principle of full supervision and the principle of lawful and careful intervention. Criminal law to deal with scientific and technological risks should make a difference, our country in the field of genetically modified crops to the main administrative legislation, criminal law legislation still needs to be perfected. Special legislation on genetically modified technologies may be formulated, and special laws may be added to existing criminal laws.