Research On Genetic Discrimination And Its Law Countermeasure

With the development of modern bio-tech, a new question is brought to us, the Genetic Discrimination. When facing such a new question, any windbag-Gary of equality and justice will mislead us into the crossroad. The author's opinion is that justice has two sides, catholicity and reification. In order to do the research of genetic discrimination in the field of insurance, one needs to go deep into the insurance policies to test the justice regulations of solving genetic discrimination on the spot.The insurance industry is based on the actuarially equity. Classification of risks and application of different insurance fee rate to different risk carriers is the inherent operating fundamental of the insurance policies. Genetic discrimination is the request as well as outcome of this fundamental. It is not substantially distinguished from the traditional age and gender based fee collecting method. Under the precondition of respecting the existing fundamental, genetic discrimination is considered reasonable only when the following two aspects are satisfied: 1. Gene information is accurate; 2. scientific evidence is obtained for the certainty to some extent between gene and disease.Balance has taken the place of conflict between insurance and privacy, and the balance was not broken by the coming forth of genetic privacy, because gene information doesn't contain the absolute characteristics which can be distinguished from the traditional medical information. In the interest of solving genetic discrimination, it is not doable to apply the same treatment to both the carriers and the non-carriers. By doing so will only distort the free will fundamental of commercial insurance, and even, social insurance will take the place of commercial insurance. It is also lack of theoretic and realistic foundations to do so. Meanwhile, we shouldn't expect commercial insurance to bear the same responsibilities as social insurance since this may cause a new inequity. The justice regulations for solving genetic discrimination in the field of insurance should be: Allow insurance companies to carry out reasonable genetic discrimination and the State should take in hand the responsibilities of social insurance to help the carriers.