| Since the1990s, the human genome project links as a sharp blade drawing is carved with the human society step by step.The development of genetic technology, make originally silent vast field is human life a little bit open, cognitive. Western countries in this area at the front end, genetic testing is already in clinical use. The so-called genetic testing is through gene detection of defects is found, the predict the future is likely to suffer from genetic disease. The technology to provide in advance the prevention and treatment of human diseases at the same time, also brought trouble to people. Known to outsiders, because once the test result, then, is likely to lead to change in attitudes. In the field of insurance, the main thing perhaps is embodied in the detection of insured by insurance company may "genetic discrimination". Namely like racial discrimination, gender discrimination, the insurance company because policy-holder with special genes which have a genetic tendency, and to the decision to raise premiums or refuse to cover it.Insurance field genetic discrimination problems caused great panic, has also been unprecedented firmly opposed. Therefore, in the face of western countries such as Britain, the United States has appeared in reality of discrimination, this paper is devoted to reference foreign advanced experience, combined with China’s genetic discrimination in insurance field in hindsight, in policy-holder and insurance company to discuss the problem to find the perfect balance between, find countermeasures of both interests.Although our country as the only developing country to participate in the implementation of the human genome project, however, genetic discrimination problem completely didn’t get enough attention in our country. First introduced about genetic discrimination legislation, therefore, more mature of the provisions of the state, for the recognition, comparison, and based on national conditions, make up for the weakness of anti-discrimination legal system in China. In western countries about this problem, we can see clearly the focus of support and opposition lies in the principle of utmost good faith in the field of insurance and actual fair principle, the basic operating rules of insurance and the policy-holder is right of privacy, the complexity of genetic information, on issues such as insurance companies out of the strategy. From supporters and opponents of the innovation of this paper lies in two sides of each focus point to search, comparison of various values in the confrontation, get understanding: to solve the problem of genetic discrimination, not one size fits all, but rather to distinguish between different situations differently, and not only confined to the principle of each partial parsing.Regardless of the social development and changes, constantly prohibit insurance companies use the gene information, leads to the insurance company is unable to accurately assess the applicant’s health risks, distort actual fair principles of commercial insurance, it lacks theoretical basis. Again, if without any restrictions to allow insurance companies shall have the right to use genetic information in risk assessment, in the current lack of all kinds of security system, insurance, also their moral level is not high, only to cause greater discrimination.Final conclusion was accord with certain conditions, therefore, allow insurance companies to use genetic information for risk assessment of the applicant and the insured, but not without exception. When the applicant has been suffering from genetic disease, a faulty gene and disease has been confirmed and the correlation of policy-holder with this defective gene, at this point, the disclosure of the insurance company may request the applicant to genetic information to assess risk accordingly. And faulty gene and disease relevance determine technical committee, insurance company has no right to make. In addition, the insurance company shall not force any policy-holder cast when protecting genetic tests. |
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