The Research For Administrative Legislation Of Assisted Reproductive Technology

Since the 1960s, test-tube baby, artificial insemination and other assisted reproductive technology has been widely applied in clinical application.It has broken the natural process and method of human reproduction and brought good news to many families who can not have natural fertility. At the same time it also brings a lot of social, ethical, legal issues and a challenge to national laws. The development of artificial assisted reproductive technology needs of various departments law to be protected. However, due to the conservative ideology in China's legislation, civil law, criminal law and other departments have not yet on the human assisted reproductive technology requirements. In this case, the important task of adjusting assisted reproductive technology would fall on the shoulders of administrative law.Administrative law adjusts administrative relations, and regulates and controls the executive power system of legal norms. Its most basic function is to achieve a legal basis for the administration of the country and lead to the legal track. Only through the improvement of executive and the legislature to establish a scientific management system, the management of the competent authority can have a legal basis,in order to protect life and health of citizens and to promote the progress and healthy development of the human assisted reproductive technology. However, there are still many imperfections in China's current legislation, resulted in the legal vacancy and no laws of practice in place. In this paper, on the basis of previous studies, the author will study the issue of administrative legislation of assisted reproductive technology with comparative analysis and empirical analysis research methods combined with life science research methods, to analyze the problems On China's current administrative legislation of human assisted reproductive technology, then to build the model legislation and administrative systems.At last the author will try to build administrative system of China's assisted reproductive technology including licensing system, approval system and so on and put forward some of my own unique insight.This paper is divided into four parts: The first chapter describes the general theory of human assisted reproductive technology. It expounds the meaning and classification of assisted reproductive technology from a technical level, and introduced artificial assisted reproductive technology practice in at home and abroad.Then it analyzes the value and the negative effects of assisted reproductive technology.The second chapter first analyzes the necessity of government legislation of assisted reproductive technology. Then introduces abroad overview of relevant legislation and the status of China's legislation. At last, through comparison of the two, points out the inadequacies of China's legislation.The third chapter establishes the administrative regulations legislative principles of assisted reproductive technology, including principles of ethical oversight, technology access, very must, non-commercial and confidentiality.Then from the legislative intent, legislative bodies and authorities, legislative framework, legislative direction and philosophy to build the legislative system of assisted reproductive technology.The fourth chapter is to build administrative system of China's assisted reproductive technology. At present, many problems of assisted reproductive technology applications is due to the crux of the flawed management system and the administrative legislation has not kept up. By analyzing the status of China's practice and quo on legislation, I believe that Legislation should be adopted to build the administrative licensing system, approval system, checking statistical system, genetic material management and application systems, artificial reproduction file management system and administrative penalty system.