On Genetic Rights

The rapid development of modern biological technique gives new hope, but also new ethic blames and problems. The dispute happened in 2013 of the legal rights on the frozen embryos left by the couple died in an accident in Yixing, Jiangsu Province is a typical example. The technology of embryo frozen, though helps some families suffering from infertility have their babies, but also resulted in the laws falling into the dilemma of bioethics. In most times, the court find it difficult to search for the appropriate rules for application or the application just leads to an ethically absurd resolution. The question about what role should the law plays in these bioethics problem is worth thinking.The contemporary theories studying on the question mentioned above focus on different points, and could not realize the coherence with each other—the analysis of ethicists treat the ethic value on the bioethics problems as the predominant work, however, juristssee the nature and the practice of rights to be the most important work. Therefore, the thesis makes a new try that is to view the bioethics by the normative argumentation of law.Generally, the argumentation should starts from the argument of the necessity of the law involving the bioethics. From the aspect of the normalization nature, it is necessary to include the bioethics problems into the scope of the control of lawconsidering the supremacy of human dignity and other liberalism values, and also the acceptance of the law in charge of the problems of the most. Actually, the law should regulate and forbid the activities threatening human’s life such as murder, suicide otherwise it will cause the collapse of the society.If we admit the necessity that the law in relation to the problems of bioethics, following argument is to be developed in a logic of the argumentation of law. That is to say, on the one side, as for the question of what kind activities should the law protect and permit, the answer is made with an integrated consideration of the influence of the general interest of society and the individual, and the balance of the value of efficiency, equality, justice and so on. On the other side, as for the question of what kind activities should be forbidden and limited, a pluralism idea is executed except for the traditional doctrines of the limitation of rights.In the end, it might be found thatthe emerge of the dilemma is not accidental, but inevitable.The transcendental presupposition on the supremacy of human life and the modern humanism concentrated on the sense and subjectivity of human beings made it without exception. Thus, post-modernism provides with access to the questions and is worth thinking about.