Font Size: a A A

A Study For The Private Legal Mode On Personal Genetic Information Protection

Posted on:2010-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2166360278965874Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
21st century is always called "the century of biotechnology", and the most important field of that is molecular biology, or popularly known as gene research. With the development in depth of personal gene and genetic information research, especially the commercial value of genetic information continuously demonstrated in the information age. So define the legal status of genetic information clearly is become an urgent and realistic problem.This article consists of an introduction and five chapters, and the main study methods used is on a comparative analysis, a comprehensive analysis, logic and legal analysis.The introduction starts with the development of gene technology, mainly introduces the background against which the topic has beenchosen, the significance of the topic, the object of study--the privatelegal mode on the personal genetic information protection. It mainly consists of two parts: from the form of meaningful legislation mode and form of essential legislation mode.The first chapter, "Issues and Challenges" the author introduces a real case, and gives a brief description and analysis on the current phenomenon of property caused by problems and legal challenges, points out that the core of the protection of personal genetic information is correctly defining the legal status and giving its clear right to protect.Chapterâ…¡"The status quo and its appraisal of genetic-Information protection" is divided into three sections as "International policies and regulations", "Legislations in China "and "overall analysis of the existing legislation." The author concludes that from the form of meaningful legislation mode ,that is to say, look it from the technical level, the current international organizations and the practice of most developed countries are used in a broad sense of privacy legislation and specialized legislation mode; and from the essential meaning of the legislation mode view, privacy mode occupy the mainstream status during the current legislative practice, but on the whole, the existing protection for the personal genetic information focus on personality, that is, current national legislation and in theory have admitted that gene Personality benefits of information and therefore argues it should consider the right to the protection of his personality, from the information the main character to enjoy such rights; but the property interests in the genetic information of individuals is given less concern.Chapterâ…¢, "the connotation, classification and value of genetic information" consists of three sections: (i) the connotation and features of genetic information; (ii) the classification of genetic information and its owner; (iii) the analysis on the value of genetic information. The author divides genetic information into three types: one will be shared by all mankind, and one will be part of the ethnic groups and the other is a total of unique individuals, different type has different owners.Chapterâ…£, "the private legal modes on the personal genetic information and analysis" focused on the individual genetic information should be given the protection of which is the most reasonable model to protect personal genetic information. At present, from the essential legislation of private law perspective, the practice of national legislation models can be divided into three modes, privacy mode, tort law mode and property right mode. In this article, the author analyzes above modes preliminarily and comes to the conclusion that applying privacy model and property right model at the same time will be the most comprehensive and effective to protect the individual genetic information.Chapterâ…¤"The Construction of private legal mode of personal genetic information in China", the author mainly explore private legal mode from the meaningful level to explore China genetic information private protected mode. At last the author suggests that can establish a mode which "Civil Code" is basic and "genetic Information Protection Act" is the secondary.
Keywords/Search Tags:genetic information, private legal mode, property interests, property right
PDF Full Text Request
Related items