Research On The Human Genetic Right

The human gene, which is closely related to each individual, is a specific nucleotide sequence with the genetic information of human DNA molecules. The rapid development of human gene technology has brought opportunities and challenges to the technique as well as the ethics and legal system. People can utilize the gene technology to cure and sin, implying this technology has reached a quite high level. However, there is no provision concerning the regulation and protection of human genes within each department law of Chinese legal system. In order to ensure the legal basis available to the development of the human gene technology and human genetic right to be relieved, even avoid the negative effects caused by this technology abuse, the thesis initially defines the human genetic right, and through a extraterritorial comparative study, puts that this is an independent personality right as its particularity in terms of the content and nature, and on this basis finally studies on the limitation and protection path of the human genetic right. To be specific, the content shall be discussed in detail as follows.The First Chapter is introduction, which introduces the biological knowledge of the human gene and its research significance. This thesis argues that the human genetic right has considerably positive effects, including boost the development of science and technology, prevent genetic crimes, avoid genetic discrimination, maintain the human ethics, deter the genetic terrorism and safeguard the evolution and reproduction etc.The Second Chapter does the comparison between the domestic and abroad rules concerning the human genetic right. This section mainly summarizes and analyzes relevant international documents, some legal sources of the Europe and United States and domestic materials, focusing on their current rules. Hereby, the international documents emphasize the principles to protect national interests, and the legal regulations of the occident are relatively wholesome in this respect. However, there is no provision concerning protection of the human genetic right in China.The Third Chapter discusses the basis of human genetic right as an independent civil right. This section mainly analyzes its social and legal basis, the legislation necessity and feasibility. Specifically, its social basis is the social interest demands and academic theory; the legal basis is the legitimacy of the subject and object; some issues such as legislation gaps, insufficient types of right and the delay of legal protection result in the legislation necessity; the development of human gene technology, systematic construction of personal information rights and the extraterritorial legislation experience provide the legislation feasibility.The Fourth Chapter talks about the human genetic right in terms of its content and nature. This section analyzes the concept of the human genetic right, putting it is an independent personality right which refers to the right of a natural person who is entitled to enjoy and completely dominate certain information based on his/her own specific genetic information, including the exclusive right of human genetic information, the right to know human genetic information, the right to utilize human genetic information, the right to modify human genetic information and the right of permissive use of human genetic information.The Fifth Chapter discusses the limitation and protection path of human genetic right. This section analyzes the limitation path according to contents of the right and its utilization. In addition, the protection path shall be discussed by four aspects, namely enhancing the legal protection status, implementing the contractual adjustment, adopting the tort relief and prosecuting for one’s criminal liability.