Private Property Right And Civil Law Protection Of Gene

The development and progress of gene technology has had a great influence on human society. In the cure of disease, improve life quality, prolong human life, at the same time, it also brings huge impact on human society’s legal system and the system of ethics. Using of gene technology can sometimes cause gene owner personality dignity, freedom right and even economic interests suffered from infringement. Individual genes with humans from birth to death, even affects human ancestors and descendants. Relations and the rights of natural persons and genes have became the focus of attention and research. At present, China has undergone a number of cases related to human genes, but there is no legislation on the gene technology, gene rights. In the process of handling a case, often from other existing laws to find some related law as the basis, and even can only rely on some basic principles and spirit. Although able to make a decision, but it is difficult to reflect the good legal effect and social effect. Scholars have realized the gene rights objectivity, rationality, and the necessity of legislation. This article carries on the analysis from the right property right problem of gene, discusses gene right belongs to the system of private rights, and explains the gene right has the attribute of personality right. At the same time, discussing the problem of property interests embodied in gene right, in order to explain, gene rights should be protected by the personality right legal. Finally, analysis of the legislative status in other countries on the right gene, and put forward the solutions and system ideas.