Analysis Of Legal Issues On The Inheritance Of Frozen Embryos

With the development of social economy and the progress of science and technology, people’s understanding of“things”in civil law is changing. The concept of“object”in civil law of our country is obviously out of line, which leads to the legal attribute of many new things is difficult to define. Frozen embryo is the development of life science and technology, but because of the current legal and academic circles of our country, its legal status is not clearly defined. Frozen embryos legal nature and could inherit the problem, involving the application of the general principles of civil law, property law, contract law and law of succession and other legal rules and legal.To solve this problem, first of all need to clarify the academic point of view. In the academic world, the legal attribute of the embryo is “object theory”,“the main body” and “the intermediary theory”. This article is the three point of view and the relevant existing laws to analyze the case of China’s first frozen embryo. The author believes that frozen embryos should be defined as “things”, but not entirely agree with the “object”, but from China’s national conditions, the frozen embryos as a special ethics, from the respect of their potential to become a life under the premise of institutional arrangements, design legal provisions, such as husband and wife to resolve the issue of frozen embryos after death. The main part of this paper is about ten thousand 8000 words, consists of three parts.The first part is the introduction of the case and the focus of controversy. In this paper, the focus of controversy mainly has two: first, the legal properties of frozen embryos; two, frozen embryos can become the subject of succession.The second part is the analysis of the focus of the dispute and related issues. First of all, combined with the “object”, “the main body” and “intermediary” and the relevant provisions of the existing law on the legal properties of frozen embryos for analysis and argument, and on this basis, the author puts forward the author’s own point of view; Secondly, according to the relevant provisions of the existing inheritance law and the special legal attributes of frozen embryos to analyze the reasons and the reasons for the heritage of the policy conflict, and finally draw the relevant conclusions.The third part is the thoughts and ideas of the case. This chapter mainly focuses on the disposal and the attribution of the frozen embryos, and explains the inheritance rules of the frozen embryos and the rights and obligations after the inheritance, so as to indicate the direction for the future legislation. At the same time, the use of the frozen embryos after inheritance, for example, allows a certain extent of legal surrogate, drawing on foreign experience to establish the system of embryo donation, in order to fully realize the life value of frozen embryos.