Research On The Right To Gene

The right of gene is that mounts new comprehensiveness fundamental right coming into being owing to the gene. It commences an undertaking in the science and technology, appealing establishing gene benefit asking, originate from the guarantee to human nature dignity. From right on the attribution, the right of gene belongs to fundamental right. The right of gene is a bunch of right new and developing, includes privacy right of gene, equal right of gene, ownership property of gene, the right of gene to be informed, gene personality right etc. mainly. The guarantee to gene right includes legislative protection, judicial protection and the declaration protection.This article is divided into five chapters, not including the introduction.In the first chapter, the author defines the related concepts of genes in the legal point. Gene in Chinese word is the transliteration of gene, which mean "fundamental factor". It inherits a small section of DNA, through which one DNA can produce a variety of proteins and various reactions to complete the life course.Each gene,called life code, is the most important component of living organisms functional units, recording and transferring the organism's genetic information, determining the organism's birth, old age, sickness and death and all life phenomena.Gene, as the subject of legal research, needs the legislation to protect as natural resources.Because the gene has certain economic value and can bring profit and loss for the people. Genome is one complete DNA combination in one organism. Genetic information, which is in everybody cell nucleus, is the genetic informations exposed and carried by gene or DNA. Each person's genetic information is unique and the information is predictive, genetic, permanent. It leads to discrimination problem, protection of genetic information. It will be a burning problem to prevent abusing and misusing genetic information, and genetic discrimination.The second chapter analyzes the development of gene technology and the emergence of gene rights. Emergence of every rights are under the economic condition.Any deviation from the economic condition,the rights can neither come out nor achieve.Science and technology promote the change of people's awareness of law, put forward the idea of human rights, lead to changes in fundamental rights. With the development of science and technology, the new environment bringing forth new desire, which may cause new right proposing. The development of gene technology has just derived the right of gene.The third chapter discusses that the gene right is basic human right. At present, there are three kinds of views in the academia of China that whether the gene rights should be exist:affirmative, negativism and skepticism theory. The author definitely agrees with the former. The so-called gene rights can be a new comprehensive basic right that produced on the basis of gene. There is a wide range of the subject to the right of gene, and it can be divided into individual subject and collective subject. The object to the right of gene, specifically contends mainly genetic resources and genetic information. The contents of the right of gene which is a comprehensive right are mainly genetic privacy, genetic equality, genetic property rights, the right to personality genes, gene patents, etc. As the emerging rights, gene rights needs justification. The author believes that technological innovations can widen the range of the legal regulation; the interest of gene will produce claims of rights; the protection of human dignity will ultimately lead to the birth of new rights. The right of gene is a bunch of rights and emerging one, and has the general characteristics of the basic human rights, specifically reflects that the right of gene has the inherent nature, the rights of the parent gene, the quality of subjective universality.Chapter four described the core of the gene rights, including genetic privacy, genetic personality right, genetic property rights, genetic right to information, the subject, objects, content of right to personality genes.Chapter five discusses the protection of the right of gene. It mainly includes legislative protection, judicial protection and the declaration protection.