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Research On The Legal Attribute Of The Embryo And Related Problem

Posted on:2016-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:X N ZhaoFull Text:PDF
GTID:2296330479977700Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Early embryo, or human body, refers to the development period from fertilization to eighth weekend. As biotechnology develops increasingly today, the phenomenon that embryo technology has been used as a means of artificial reproductive or health treatment has been common. Because of legal lag, however, it has not really implement one-to-one correspondence and advancement with the times with adjustment object, so that this new social problem can’t get legal constraint and security. Thus a series of social negative effects caused by need to be addressed, in urgent need of adjustment.Based on the "domestic the first frozen embryos attribution case" as the breakthrough point, this thesis has analyzed and researched the legal attribute of the embryo and all kinds of social problems caused by it in-depth. Through comparatively analyzing "subject theory", "object theory", and "middle theory" put forward by the domestic and foreign experts and scholars, this thesis deems that as the particular object, the embryo should be located in the "object", namely "embryo is content", but does not deny that it has potential personality attributes. Embryonic development, is a process of the properties of matter gradually give way to those of humanity. The main aspect of contradiction changes qualitatively to a human being at the moment of birth. Of course, this process is not always plain sailing, and all kinds of social problems could be caused. For example, whether embryo can be inherited is in dispute. Related issues are also caused, such as the right of succession, surrogacy, infringement and disposition of embryo, as well as the use of embryo in scientific research and so on. By analyzing and expounding these problems, this paper uncover the mysteries of this particular object---embryo and find the accurate positioning and appropriate law for it, so as to solve practical problems, and let people standing on the legal basis to measure ethical questions relating to the embryo, thus forming the correct value guidance.
Keywords/Search Tags:Embryo, the Legal Attribute, Potential Personality, Surrogacy
PDF Full Text Request
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