The Evaluation Of Frozen Embryos "Inheritance" Shen Xinnan Couples VS Liu Jinfa Couples

With the development of technology, people's ideas are changing gradually, and assisted reproductive technology is gradually coming into sight. But disputation of the technology follows. Facing the blank of the law, legal practitioners and academics have a intense discussion about this, especially for frozen embryo technology which received much attention for its'extensive application. The issues about frozen embryos legal property and the real owner of frozen embryos become the hot topic in the legal community now. Within the legal community, it did not form the single argument about the problem of frozen embryo, because China have not made the clear definition of it.In 2014, ten cases are very important in China. The case of frozen embryos inheritance in YiXing City brings people's attention into the field of reproductive technology. In this case there are three main focus of controversy: firstly, the legal attribute of frozen embryos; the secondly, whether the inheritance of frozen embryos is legitimate; thirdly, whether the inheritance of frozen embryos which the case involved is reasonable. Through case analysis, we can make the conclusions about these focus of controversy below:Firstly, in order to protect and respect the frozen embryo, we should make the vague deification which is not used for people or substance. Secondly, the inheritance of frozen embryo have legitimacy, because the frozen embryo the case involved owns attributes of substance and personality interest, so the inheritance of frozen embryo have legitimacy for the aspect of both substance and personality interest. Thirdly, the inheritance of frozen embryo owns reasonability, because the four frozen embryos give hope to four old men who lost their children. Finally, the article boldly propose the idea of the system of frozen embryo, strive to improve our country's law system as soon as possible and accelerate the process of legal construction.