Case Study On The Ownership And Obligation Dispute Of Frozen Human Embryo

For the nation’s civil law educational world attention by the country’s first human frozen embryos supervision, disposition dispute case on September 17, 2014 in wuxi city intermediate people’s court of final appeal of a second trial. As the emergence of new types of cases, the case raises the from all walks of life to the human body the legal attribute of frozen embryos, whether can be used as inheritance mark and the exercise of the rights of the main body of comprehensive thinking and debate. Frozen embryos of the human body as an out of body tissue, can belong to the category of things, but because of its particularity should be limited to the exercise of their rights. When inherited as target, the selection of its inheritance subjects should be more care of ethics and good customs. Wuxi then final decision without violating legal prohibitions.fit under the legal spirit combined with human ethics.Reproductive medicine with the development of production of the human population has entered a new era, but what followed was a great test to ethics, public order, if the law don’t regulate them, would bring disaster of bioethics. In wuxi city, this paper then concluded the country’s first human embryonic supervision, disposition dispute as the breakthrough point,divided into three part has carried on the comprehensive analysis to the case:The first part of wuxi human frozen embryos are reviewed in detail, this paper introduces the basic practical cases. Wuxi frozen embryos case is the first sentence case about human body frozen embryos, caused controversy in the law, this part takes Shen Jie, Liu Xi series of agreements signed with the nanjing gulou hospital as the foundation, in this case the third person in nanjing gulou hospital argued and the trial court’s judgment result analysis, leads to the dispute focus to the case.The second part on the premise of the basic details of a case with the combined with the present law to focus on this case, summed up the three controversy about the case. Frozen embryos to the human body the legal attribute of cases, on the presence of inheritance and the outcome of the three major problems in the execution risk analysis, a thorough interpretation of legal theory, after for the solution of the similar problems in the judicial practice to provide legal theory basis.The third part on the basis of the analysis of the former two parts generalizations applicableto general legal principle of similar cases, explore how to use the judicial interpretation and created the law to solve the similar cases, proposed to the human body frozen embryos treated as personality content and the right to exercise the reasonable regulation rules, in the aspect of legislative and judicial Suggestions are put forward.