Legal Attribute And Right Of Human Frozen Embryos

At present, there are more than 1 million families in China who lost their only child. Expected to increase to 11 million in 2050. At the same time, the Chinese Population Association released the survey results show that China’s infertility patients have more than 50 million, population of childbearing age of 12.5%-15%, it means that every eight couples of childbearing age in the existence of a couple can not bear. In the case of human natural fertility difficulties, assisted reproductive technology has become the focus in the field of reproduction, it is the only way to save the world mature reproductive function,China’s first test tube baby was born in 1988 in No.3 Hospital of Peking University, with the continuous exploration and development of test tube baby technology, at present, the frozen embryos produced in mainland China are about 300 thousand per year, most of which can be pregnant, The remaining frozen embryos are usually disposed of by medical institutions in accordance with the laws and regulations set by the Ministry of health. But with the emergence of the domestic first frozen embryo dispute, how to deal with some special cases of frozen embryos started to become the focus of attention of the medical science, law science,science and ethics circles, freezing the definition and the exercise of rights is a difficult problem of judicial judgment.The legal attribute of the frozen embryo affects the rights of the frozen embryo and the rules of the exercise of power,.There are three theories in China at present: subjective theory, object theory and compromise theory. The subjective theory said that under certain medical conditions still be vitality from the body’s tissues and organs, blood and other parts, as a part of the body still belongs to the people, violation of these parts is equivalent to the violation of the human body, it must belongs to the subject of legal relations. However the Objective said the frozen embryos do not meet the conditions to become the main body, it Is the object of legal relationship, The compromise said it is neither a subject nor a object.I think frozen embryos are a matter of personality.It’s a thing in civil law, regardless of whether the relationship between husband and wife continues, they must reach an agreement before they can dispose of it, genetic information from both parents can not be changed. Also when the right man dies, it cannot be inherited because of its property, Establishment of embryo adoption system is a good way to solve the problem.