Research On Legal Problems Of Human Genetic Project

Human Genome Project (HGP) is a great research project in life science history. It wants to read the whole DNA sequence in human genome, decode the human genetic mysteries, and deepen the understandings of life phenomena. Based on these, it promises to develop new methods of treating grave diseases that threaten human life. But, in the same time the project bringing human beings much profit, it can also do harms to society. This dissertation focuses on how to check the harms through legal means. With fulfillment of HGP, extensive researches have been done on ethical, social, and legal problems in the world. But in China, the field remains untouched. In considering that: 1) China is taking part in HGP positively. If we do not know the many issues related to the project, then w~ can not protect scientists?researches in our country and this may lead to losing many valuable market opportunities;2)As a country with much rich genetic resources, our genetic resources are facing danger of being 揵io-pirated?in large scale. Thus, how to protect them with law is an urgency thatwe must deal with; 3) Because what the HGP reveals is of the general human genome, so its results will affect the whole human fate and social operation, and, if we do not do research on these problems, we shall not be able to solve the many conflicts that we would encounter, and this may go against maintaining of social orders. So it is thought to be a necessary and urgency to do researches on this field. Based on the introduction of HGP, this dissertation examines totally the legal problems related to the project, which includes: intelletual property protection to the project, problems related with the uses of gene information and prohabiting of genetic discrimination, problems caused by gene manipulations (including gene therapy, xenotrans plantation, and cloning), and protections to diversity of human genetic resources. At last, with consinderations of China抯 situations,this dissertation hope to provide valuable suggestions to our country抯 legislations and administration in Gene Time. This dissertation should be with combining life sciences, bioethics and legal study, it wants to check the legal problems of HGP totally and propose possible mechnisms that could deal with the problems. In addition, nearly all the information and materials used in this study were collected via the Internet.