Research On The Legal Status Of Embryos

With the Wuxi Intermediate People’s Court(2014) Xin Min Zhong No. 01235 civil judgments issued. A major social concern of striving for human embryo ownership dispute case is ended.Four elderly obtaining regulatory and disposition of embryos. Case to the end, the case aroused heated debate about the social and legal issues. Embryo is "subjects" or "objects" ? Whether embryos should be protected by law? There are three theory about the legal position of the embroy:the subject doctrine,the object doctrine,and the resonance doctrine.This paper studies suggest adopting the resonance doctrine.It is in line with China’s actual practice and international practices.Embryo transfer, IVF, stem cell research develop fast which bring the benefits to our lives, but also caused a lot of social and legal issues. The legislations about the areas is almost zero, divorce fight for ownership of the embryo, the husband died but his wife asked to continue embryo transplants, embryo transfer resulting octuplets, this is not the only case in our country. Urgently, we need to launched relevant laws, to improve on embryonic and embryonic stem cell research norms. Attributable of embryos when one of a couple death or they divorce, first by the agreement, then negotiate, at last judge by the court. If one of the couple death the survival attributable,both death the embroy can be attributed to their close relatives. Nobody wants to regulater embryos,the supervision to hospital. For the treatment of the remaining embryos are donated to other couples, medical institutions or destroyed, which approach is more in line with the requirements of humanity. How long cryopreservation of embryos is appropriate? These issues are the key issues discussed in this paper.At present, law of the legal position of the embryo is still in a blank state.There is no clear legal status of the embryo, causing practice helpless when faced with such problems. By studying this topic, discuss the legal status of the embryo and related issues, in oeder to improve the law and compensate for legal loopholes. Legislation of embryos must follow the principles :the principle of limited use embroys, the principle of the protection of children, humanitarian principles. Except define the legal position of embroy,our embroy legislation can slso set the rules about embryo adoption, embryo regulatory agencies and embroy storage life.This paper is divided into four sections describes the legal position of the embryo and related issues:The first part is an introduction, mainly through a case leads to the main issues discussed in this article, the legal status of the embryo, theownership of embryo and how to deal with remaining embryos. Through literature review describes the research status of the embryo. Then talk about the research methods and structure of the paper, and finally comes to innovation and defect of paper.The second part is mainly talk about the legal nature of the embryo. There are three theory about the legal position of the embroy:the subject doctrine,the object doctrine,and the resonance doctrine.Clarify the main content and deficiencies of these doctrines.The third part introduces the embryo ownership, when the death of one or both spouses or divorce, the embryo should belong to whom? How to deal with the remaining embryos ?The fourth part focuses on how to improve the legislation. First introduced how to define the legal postion of the embroy.We’d better choose the resonance doctrine. Next,clarify we should improve our legislation.