A Study On The Legal Issues Of Human Frozen Embryos In Nanjing

With the rapid development of society, the emergence of an increasing number of new cases, a judge cannot simply make decisions based on legal norms, but rather more consideration of the legal principle of the case impact and when the legal norms were blank, ensure that referee made in the application of legal principles, the decision not only lawful but reasonable.A delay due to legal norms, limitations, stiffness characteristics, the judge used only three paragraphs on the principle, combined with the legal norms, the facts of the case to referee the case very difficult to fully protect the interests of the parties, to achieve fairness and justice of the case.If a large number of cases cannot be solved through the judicial process to be effective, negative emotions, violence will become even more serious, the need for application of legal principles in judicial practice in a more comprehensive understanding and grasp.Legal principles as method science in the important of research object, based on its can, and applies range of generalized of features, in legal specification exists vulnerability or blind Shi, if judge according to case need can reasonable grasp free volume right, in-depth analysis research legal principles, using legal principles made ruling, not only can make up statutes rules of defects and insufficient, and can as of let citizens in each a case in the feel to fair justice, guarantees social settled.Based in Nanjing body frozen embryo case in-depth analysis of legal principles applicable in order to solve the problem of legal principles applicable in judicial practice.The text is divided into five parts:First part of Nanjing human frozen embryo case brief, controversial analysis of cases, as groundwork discussed below;The second part is through a simple analysis of public order and good morals principle meaning, combined with gaps in theory, the rule of law when the legal principles applicable to both cases, analysis of human Nanjing frozen embryos in casethe judge rules on the legal property of frozen embryos when there is no express provision based on the rationality of public order and good morals principle referee;The third part is the combination of the current legal scholars have different views on the properties of frozen embryos, in-depth analysis of their own personality is the reason that the frozen embryos thereof; legal and binding properties of frozen embryos and analysis on the scope of civil law inheritance, which can determine No matter became the inheritance;The fourth part is to analyze the case in the presence of informed consent nature of the book, as well as an academic nature of the informed consent of the differing views, it can become a judge Shen Jie, Liu Xi’s parents the right to inheritance of frozen embryos restrictions;The fifth part is mainly to explore the different attitudes of the academic circles on the issue of surrogate, the analysis of the case of the surrogate for Shen Jie, Liu Xi’s parents enjoy and exercise the right to exercise the rights of the obstacles and restrictions.