A Study On The Legal Problems Of Human Embryo In

The case of fighting for frozen embryo in Yixing city has aroused deep discussion in practical and academic field about legal issue of human embryo in vitro. What is the legal status of human embryo in vitro, whether can inherit human embryo in vitro and how to exercise the power of supervision and disposition have become the issues that need legislative and judicial authorities to solve urgently, however, legal provisions concerning these issues are presently in the blank state. With the social development and scientific and technological progress, the disconnection between legal provision and social reality has become more and more serious, which caused significant problem to juridical practice. Started from cases, related legal issues of human embryo in vitro is brought up, and specific suggestions for cases are proposed by summarizing and analyzing focus of dispute, and responses are given to different views in academic field. Certainly, suggestions from author of improving the system of legal issue of human embryo in vitro are proposed in the last part of this paper, which hopefully is help to solve this issue.The legal issues of human embryo in vitro are correspondingly analyzed from the following aspects:First: Case introduction. Basic information about dispute of embryo supervision and disposition between complainant Mr Sheng and Shao and defendant Mr Liu and Hu is introduced in detail, and the origin, course and result are described clearly. Then course of first and second trial, dispute over law and fact and verdict of court are specifically explained.Second: Focus of dispute. Three focuses of dispute in this case are summarized by analyzing basic information of the case and combining the opinions from the agent of complainant and defendant with different views between academic and practical field, namely: 1. How to determine legal nature of human embryo in vitro in this case. 2. How to exercise the power of supervision and disposition of human embryo in vitro. 3. Whether can inherit human embryo in vitro.Third: Case analysis. The issues of law application and fact finding in this case are discussed around the focuses of dispute, comments are made on different opinions in this case, and responses are given to different theories proposed in academic field.Fourth: Case conclusion. Specific suggestions for the issues of legal nature and exercise of supervision and disposition power of human embryo in vitro, and issue of whether can inherit human embryo in vitro are proposed by discussing the focuses of dispute in this case.Fourth: Case conclusion. Specific suggestions for the issues of legal nature and exercise of supervision and disposition power of human embryo in vitro, and issue of whether can inherit human embryo in vitro are proposed by discussing the focuses of dispute in this case.