Research On Civil Protection Of Human Genes

The rapid development of molecular genetic science has provided us with useful ideasand references to define the essential attribute and legal attribute of human genes,which helps us to understand the nature and scope of the rights to human genesrelated rights owned. Gene right is a basic right of comprehensive based on thegene, which includes subject, object and content of the rights.Object rights are genes,and we should be viewed from two aspects: genetic material and genetic information.First, the human genome is a genetic material, once a part of the body and bodyseparation (such as organs, tissues, cells, hair, etc.), as a separate component parts ofthe body to be the disposition,without violating the law and public order and moralscase, it can be seen as a separate matter, for the object of property to be protected.Second, the human genome contains all the genetic information of the human body,on which there is some personality attached legal interest, when a person abandonedthe organ or tissue, such as genetic material does not represent the abandonedincluded gene. Therefore, for the body part we abandoned, others as long as nointervention to gene level, will not touch the provider’s personality right, otherwiseyou can be protected against personal rights.This paper is divided into four chapters, the first chapter defines the concept of thehuman genome and its related concepts, as well as introduce the particularity ofhuman genes and the current controversy doctrine of legal property of the humangenome.The second chapter focuses on the difficulties of Civil Protection of thehuman genomet and comparative study of extraterritorial law, through the analysis oftheir respective advantages and disadvantages, as the Civil Protection of the humangenome to provide a reference from the role. Third chapter analyzes the currentsituation of Civil Protection of human genes and problems, find solutions to problemsof a breakthrough from reality, so that subsequent to solve more targeted.In the fourthchapter of this paper, put forward the suggestions and Countermeasures tosolve the problems of human gene protection of civil law of our country.