Insights From The Legal Value And Application Of The Civil Law Of The People’s Republic Of China

Genetic science and technology, like other technologies, brings forth both positive and negative impacts on people. Genetic testing can not only makes it possible for people to understand their future health status that is shown with their genetic information, but can be applied in the insurance and employment areas, which may raise concerns about violating the citizen’s privacy and equality rights. However, when it comes to the insurance companies and employers, their rights of business freedom should also be protected. If we can balance the interests of these two aspects and regulate the application of genetic testing, it will enable people to share the benefits of genetic testing while reducing its negative effects.Based on the analysis of the legal issue referred to genetic testing, this paper firstly, pointing out the essence of genetic testing is the confliction between the right to know and the right to privacy, the principle of contract freedom and the right to equality. In order to tackle with the confliction, based on the concept of privacy and equality, this paper proposes some solution in theories and demonstrates the legality of applying genetic testing and the rationality of discrimination based on the result of genetic testing. Secondly, the scope of the applying genetic testing in the insurance and employment sectors is defined by assessing the legislation related to genetic testing in foreign countries. Finally, we propose some recommendations on the basic rules and regulations related to genetic testing so as to ensure their effective implementation, and protect the legal rights of the people who may be adversely affected by the results of genetic testing.