Research On The Inheritance Of Frozen Embryos In China

With the progress of society and the development of technology,the life is fast paced and the environment become bad, more and more people has appeared Symptoms of infertility, but assistive technology of frozen embryo can treat infertility. But there is no corresponding prescription of law to solve model of frozen embryos carrying case. Frozen embryo is produced with controversial. When we are researching inheritance of frozen embryos, we are also researching the definition of law of frozen embryos, the right of frozen embryos and exercising of the rights of frozen embryos.The first inheritance of frozen embryo cases in China has been trial two times, the sentence is marvelous with the trial is fair and sensible,which is considered examples of civil trial. The case confirms frozen embryo be inherited with considering the ethical, emotion, and special interest protected. Although the case is end,but the laws of succession about researching frozen embryo is still continue. Compare the subject, object, the compromise attribute, the double of dual attribute with the comparative research method, confirm frozen embryo has the object of real right and personality right with dual attributes of object, and the result can be used to analysis the relation of frozen embryo of inheritance in our country. Through the analysis of the case, we have found three legal issues of China’s inheritance of frozen embryos inadequate: The legal property of frozen embryos is not clear, The rights of the legal attribute of frozen embryos is not clear, and the rules of inheritance of frozen embryo are not clear, which is need for legislation to make clear. Through learning the law and practice of civil law countries and common law countries, the inheritance of frozen embryos of legislation can summary from two directions of legislation. The first, the inheritance of frozen embryos can be legislation, with the consideration of the legal principle theory of law. The second, separate legislation. According to the above experience, puts forward the suggestions to perfect the legislation on the inheritance of frozen embryos. First, the law of inheritance frozen of embryos in our country need perfect must abide the principle of the rules and levels from ascend to the legal level, regulations level ascend to the legal level the combination of law and ethics and moral legislation comprehensive.Second, recognition of frozen embryo of dual attribute, which could be the appropriate legal basis for frozen embryo.The third, comprehensive application for existing law with general rules, strengthen the protection of inheritance of frozen embryos. The fourth, guarantee inheritance of frozen embryos meet ethical with combining with the special rule of frozen embryos inherit.