Constitutional Analysis Of Related Rights Dispute On Frozen Embryos

The application and development of artificial reproduction technology brings about intense impact on human reproduction, economic development and social stability compared to traditional reproduction. Frozen embryos, as a product of artificial reproduction technology, triggers a lot of disputes over the ownership of rights and exercise of rights. The disputes on related rights of frozen embryos are necessary to be reviewed from the perspective of constitutional law: For one thing, the legal status of frozen embryos is related to the limits and scope of the exercise of state power, for another, frozen embryos involve the conflicts of fundamental rights such as right to life, human dignity, freedom of scientific research and so on. Therefore, the legal matters caused by frozen embryos should be treated cautiously.As to the legal status of frozen embryos, scholars and judicial precedents have formed three different doctrines, including the subject doctrine, the object doctrine and the resonance doctrine. Frozen embryos should not be equated with the general object, because they have the potential to develop as a newborn and represent a certain symbol of life. But they are not the subject of right to life. The resonance doctrine as a generally accepted doctrine, is the proper choice in the case of the realistic situations in our country. Frozen embryos should be treated as human tissues between subject and object in the legislation, thus being respected and protected by law. Meanwhile, safeguarding human dignity should be the core value of the solution to the disputes of the rights of frozen embryos. In this context, it is necessary to view the personal dignity clause of the Constitution. The intension of personal dignity should be explained augment to human dignity. Human dignity is not only the Constitutional Basic Rights but also the Constitutional Principle. Under the protection of human dignity based on the principle of constitution, the state should make sure that the embryos are treated with dignity and to avoid the possibility of being a tool.The special protection of frozen embryos is embodied in the ownership and disposition being conformed to the humanistic spirit. On the one hand, the ownership of frozen embryos is essentially a conflict of reproductive rights. The husband and wife who underwent in vitro fertilization have the regulation and disposition of frozen embryos based on their reproductive rights. When the conflict occurs, the right of infertility should give priority to the other party’s right of fertility. On the other hand, the exercise of reproductive right and freedom of research should be subject to restrictions from the public interest. The treatment of frozen embryos should observe the principle of proportionality. Although the surplus embryos can be used for scientific research under certain conditions, but not be destroyed freely or traded during commercial circulation.The regulation and disposition of the frozen embryos should be refined by legislation on the basis of the principle of human dignity, the principle of legal reservation and the principle of proportionality. The current artificial reproductive legislation in our country is relatively general administrative rules and regulations with weak force effects, which can’t meet the needs to resolve the disputes between the subjects of right. Therefore, it is urgent to establish frozen embryos regulation legal system of our country from the perspective of protecting civil rights, which should be based on the study of other national legislation. Through perfecting legislation, to make clear the legal status and ownership of frozen embryos. Further, to resolve social disputes and legal issues caused by frozen embryos and promote the benign development of artificial reproduction technology.