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Study On The Related Legal Problems Of Frozen Embryos

Posted on:2016-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y WangFull Text:PDF
GTID:2206330470981603Subject:Law
Abstract/Summary:PDF Full Text Request
Frozen embryos in IVF-this assisted reproductive technology application process generated, along with science and technology and economic development, the growing use of frozen embryos increaseth more and more infertile couples also have an artificial assisted reproductive to achieve their reproductive purposes.Followed by a variety of disputes, more and more, in the first case of frozen embryos after Yixing inheritance case occurs, causing widespread concern of scholars, they arise out of the frozen embryos related issues also put forward their views.In fact, as early as in the case it had also been the emergence of cases related to frozen embryos, but that kind of dispute is relatively simple, the judge also discretion within the law.But the case of the parties have died, so how to define the frozen embryo becomes crucial. Theory of the frozen embryos the legal property of this article the subject that said object and compromise that has made the doctrine of the legal status of related presentations,I was inclined to support the compromise that because frozen embryos is between the "people" and "things "exist between the individual, at different stages of embryonic exhibit characteristics are not the same, so you should give it a new concept and status, I have done a lot in the following description.Frozen embryos are the product of a new era, so this piece of legislation is still not perfect for freezing embryos, so in this paper I briefly describes some of the practices of Western countries.United States, Japan, Germany and some other Western countries have recognized the specificity of frozen embryos, countries at the time of trials for freezing property with her legal definition also different.They also developed a number of frozen embryos legal protection mode on the basis of their legal property, such as embryo donation and adoption system.Because of the law against illegal surrogacy, but the law only limited medical facilities and their personnel, so perfect the frozen embryo treatment and legal protection should be strengthened.I think we can develop a frozen embryo separate special law to be prescribed, the one is special status display embryos, and secondly in other branches of law in civil or it can not be fully specified, it is possible to learn from the advanced experience of other countries at the same time, depending on the basis of combining theory and practice of law, through legislation on frozen embryos stages and types of special protection, the development of a special law and the establishment of relevant embryo donation and adoption system to protect the legal interests of frozen embryos, maintaining social stability and harmony.Article three parts of the relevant issues were discussed frozen embryos. Describes the case of frozen embryos inheritance rights as well as the basic focus of the dispute is the first part of the study that part of the proposed new research topics related to frozen embryos.The second part is related to the problem of frozen embryos for specialized property law and the legal status of frozen embryos and to put forward their views, improve the legal protection to prepare for later.The third part is to introduce the advanced experience of the Western countries for the protection of frozen embryos, for our reference. In response to questions, combined with China’s actual conditions, sub-stages and types of conditions discussed how to protect the frozen embryos.
Keywords/Search Tags:frozen embryos, legal nature, legal protection
PDF Full Text Request
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