Legal Reflection On The Succession Dispute Of Frozen Embryos

The succession dispute of frozen embryos, it is to point to the first frozen embryos inheritance dispute case in jiangsu province in 2013. This case from the date of occurrence is caused by the collision with legal and ethical; From the perspective of legal science specialized research, involved in the case of disputes the same representative: mainly for the legal attribute of frozen embryos positioning and interested people what rights on its two sides, which involves the reproductive technology for the influence of legal ethics.Due to the lag of law itself, the current related legal system in China and not to clarify the legal attribute of frozen embryos, thus caused the theories argument and inconsistency in judicial practice. To legal practice, similar to the case of disputes, reasonably necessary review of relevant legal system. Look at the reality of the development of science and technology progress with The Times, the author thinks when to break the traditional civil law "nonhuman" binary theory, by the pattern of "intermediate" to protection and regulation of frozen embryos, so as to make the interested person restricted inheritance and dispose of the rights, should not be mechanically simple with inherent thinking to solve new problems. Given to the protection of frozen embryos and regulation is not a standardized long-term model, the author thinks that should be pay attention to the combination of traditional Chinese culture, on the basis of the kernel, reference existing foreign advanced mode, to try on the legal level, construct the system of disposal of frozen embryos.