Study On Genetic Information Right

Genetic information has brought about profound social reform as one of the most important information resources in modern society. The protection of genetic information has concerned benefits of different entities including individuals, families, economic institutions and countries in multiple dimensions, such as private life, market and national strategy. In most of the prior research in this field, genetic information was confused with gene, as the material carrier, tissue samples and other type of personal information, neglecting the particularity of genetic information, or mere questioning of ethics and principles. But it is not enough to resolve the social problems and disputes in the case.This article establishing the vision of rights standard, along the research approach of "fact-theory-system", answers the questions:why protecting genetic information and why taking it as a right (Introduction). The article discusses the object of rights to genetic information(Chapter One), the subject of rights to genetic information(Chapter Two), the attributes of rights to genetic information(Chapter Three), developing the protection principles of rights to genetic information(Chapter Four). Finally, based on the above discussion, the author summarizes and reaffirms that the rights to genetic information is pointing to a new-type right by exploring the practice of protecting genetic information rights. In particular:The first chapter, the author explores the genetic information, as the right object, in technological transformation. First of all, the paper defines the genetic information which differs from gene with the attributes of information and it must be acquired by Nucleic acid analysis and other scientific analysis. Second, the paper focusing on the social changes brought by genetic information, the author mainly explores the deep implications from technology to thinking-genetic information has been applied into DNA recombination technology, Human Genome Project and bio-pharmaceutical industries, bring about great influence to our life through criminal justice and paternity test. Along with the technological innovation and thinking changes, new interests and disputes happened together. At last, the author explains the particularities of genetic information in technological transformation from the objective and subjective aspects. That is, genetic information has the biological specialties and particularities caused by cultural vorurteile from the subjective aspect, and from the objective, genetic information are gradually given the special position of law, rising to the right object.The chapter two, this article explains the subject of genetic information right. Firstly, clarifying the relation between genetic information and the subjectivity of human, the author elaborates the challenges to the traditional theory of subjectivity brought by genetic information-genetic information has quantified the relations: men and nature, men and themselves, men and men, leading to further analysis to the deconstruction of subjectivity based on human dignity, the important guiding significance of human dignity for safeguarding personal interest. But the protection of the rights to genetic information is not merely discussed from the perspectives of self-responsibility and human autonomy whether genetic information can be processed. The more important is, to balance the information flow among different subjects, expecting to build protection specification. Second, through comparing the way of constructing between different subjects, the author analyzes the entities of internal relationship like individuals, family members and community members who carry similar genetic information and those of external relationship like the doctor, insurance company, employer and the government, ultimately unfolding the fundamental changes of the subject of genetic information rights from human dignity to relationship.In the third chapter, the article discusses the attributes of the rights to genetic information. To begin with, through the analyzing different types of right like intellectual property right, the informed consent right and the right of equality, the author discusses the issues: who will possess the genetic information which is separated from human body? How does the circulation of genetic information between right subjects and the resource allocation in different fields go? Then, the article explores the legitimate expectation value, reliance interests and property interests of genetic information in different dimensions and contexts. At last, reflecting from the way to boundary of right attributes in traditional private law, it escapes from the model choice that taking the rights to genetic information as personality right, property right and intellectual property right and puts forward the right attribute of genetic information, a compound maintenance for multiple interests.The chapter four, it explains the protection principles to genetic information right. This chapter is based on the perspective of from individual freedom to social equality and interest equivalence. The analysis goes along as follow:firstly, based on the theoretical foundation of liberalism, the author emphasizes that protecting the right to genetic information lies first in the persistence of individual freedom, explaining the individual free principles embodying as autonomy. Secondly, based on the medical theory including teleology, deontology and religious and feminism care, the author believes that a calculated decision can not be drawn only by the principle of autonomy because of the particularity of genetic information and explains that the principle of good deeds and no harm is the useful supplement to the principle of autonomy; besides, the article also emphasizes that the social interests should be taken into consideration when protecting genetic information, from the perspective of social justice, it should be stick to. And the social factors should be taken as the rationality of reallocation and the value of options of information resources. Finally, the author emphasizes the protection of genetic information rights have influenced by sense( promoting people to choose to be known or unknown of genetic information consciously or unconsciously), kinship(the similarity of genetic information brought influence to the private session of genetic information), technology development( the material ensure of the rights to genetic information with inner-motivation of self-developing), public social interest( the progress of public services requires information sharing) in macro social environment and also should insist on the principle of interest balance.In the last chapter, the author explores the practice of protecting the rights to genetic information. Firstly, from the level of EU data protection authorities and that EU data is regulated by law and member states, it introduces the protection practice of genetic information under the EU data protection framework with typical significance. Then, inspecting the established norms of genetic information rights in our country, the characteristics of our protection to genetic information rights are summed up: it is decentralized and responsive, but showing the legal status of taking genetic information as a special information in general. Moreover, it is achieving the trend of realizing the interests equivalence between individuals and the society through the gradual deep cognition of particularity of genetic information and protection of genetic information rights. At last, the author proposes countermeasure suggestions from the aspects of conforming to the legislative trend of genetic information protection, generalizing the legislation basis, clearing the obstruction of legislation and perfecting systems through deduction and induction.