Civil Law Protection Of Theory Of Human Genes

The value of human genes in reality is increasingly, people begin to pay more and more attention to the rights of the genetically but about the legal attribute of human genes, the theoretical circle there are a lot of controversy.Human genes made up of material carrier and information content, include personality legal interests and property interests, so it is a kind of Mosaic have personality content of interests, with the oneness of material and information.However traditional dichotomy of subject and object system for this kind of new complex legal benefit human genome provide appropriate protection space, so we put forward the theory of the personality of human genes, hope to reconstruct the existing standard system for civil rights, attempting to implement new rights type interdisciplinary human genes personality of the integration of law and property law benefit and the link, will human genes in the perspective of personality content within the existing standard system for building foundation, the system of rules of real right, personality right and tort relief rules of legal system.With human genes, however, the personality theory in designing standard system in the realization of the aim of rights protection is only temporary, the most comprehensive way is to formulate a specific human genes to protect civil special law.Because the human genes has the personality characteristics of legal interests and property interests, be included in the property law a plait or personality method is not very reasonable, thus formulated a civil single-line method is the most feasible human genes.The special laws it is necessary to define the legal attribute of human genes belong to personality content, gene ownership belongs to the property right of gene donor, in order to balance the conflict of interest between gene donor and users, achieve the purpose of the lawful rights and interests more comprehensive protection of gene donor.