This study attempts to investigate the legislation and fundamental rights on the risk of Genetic Engineering issues by looking into the judgments of Federal Constitutional Court of Germany. Although the genetic engineering could have damaging impacts on human health and even the environment, it also brings a number of benefits and chances to human life. This leads to the debates on whether the legislation prohibits little on a variety of activities regarding genetic engineering. As nations have the responsibility for safety guarantee, particular behavioral obligations are to be relevant authorities through legislation, which thus avoid, or at least, reduce possible impacts on human and environment. However, these particular behavioral obligations could limit relevant authorities ‘and the third parties' fundamental rights, and therefore require lawgivers to make appropriate judgments by weighing of interests. Moreover, since the genetic engineering is on a dynamic growth stage and continues its development, problems grow as well. Yet there are not enough and sufficient knowledge and experiences on solving these problems. With the advent of new development of science and technology, lawgivers may apply a range of legal terms without precise definitions, and meanwhile delegate the administrative agency to concretize the involved risks while making risk assessment and decisions. This indicates the fact that the legislation regarding genetic engineering differ from traditional security legislation in many different aspects due to the uniqueness of the object.