The Legal Regulation Of Human Biological Specimens Is Outlined

The Human Genome Project is a great project after Manhattan Project and Apollo Moon-landing Project, and it is a scientific exploring project which is of great scale, multinational and interdisciplinary. In2000, the leaders of America and Britain made the public announcement that the sketch of Human Genome Project had been completed initially, then we came into the era of researching functional gene. In some great extent, the start of Genome Project is another treating method to cure the disease of none curing methods for long time, the development of Genome Project provides effective methods to break human genetic evolution information and keep human diversity. Nowadays, the research of gene has become the important content of biology industry; the patented products of research would be great economic interest. For such promising future prospect and generous interest, the important material,"human tissue", becomes hot resource, especially the gene map of disease organism, minority groups and genealogy. It’s necessary of biotechnology research to establish the biological sample bank of human tissues and do functional gene research, but acquiring, keeping and sharing the biological samples have become the new topic in last ten years. The paper expounds and compares the supervision towards biological samples of human tissues in different countries; the target of paper is to promote legislation of the supervision towards biological samples of human tissues in China, not only to protect rights and interests of sample providers, but also promote the development of biology industry, which are the problems the paper tries to solve.Besides the introduction and conclusion, the paper could be divided into four chapters.The first chapter:Expounds the concept of human biological sample, the relationship between human biological sample and gene studies and the significance of establishing human biological sample bank.The second chapter:The legal challenge supervises the biological samples of human tissues. The attack between legal status of human tissues and traditional civil law theory, the rights and obligations of human tissues providers and sample bank ownerThe third chapter:Take America, Britain, France and India as examples to introduce the methods and experience to manage biological samples in common law countries, continental law countries and developing countries, and the basis of international cooperation and law.The fourth chapter:Introduce the current supervising status of biological samples nowadays in China, then commentate on the existing problems and supervising methods, finally propose suggestions to perfect the supervision of human biological samples in China.