On The Case Of Our Country's First Adjudication About Frozen Embryo

In China it hasn't been clearly defined in law about the legal status of embryo,which is the outcome of human assisted reproductive technology. There exists controversial opinions in academic circles, including three theories, the subject doctrine, the object doctrine and the compromise doctrine. And different laws are made in foreign countries, and disparate approaches are also showed in juridical practice.The present legislation in our country mainly belongs to administrative management specification. But as a mean of social relief, judiciary must give clear judgment to solve the disputes in real life, even though the law doesn't have clear answers. All of the above, it is of great significance to study the specific case which occurred in juridical practice. Though the typical case as our country's first human frozen embryo's ownership disputes, this paper analyzes the case of disputes and the transformation from the court of first instance to the second trial court, with the help of related theories about the legal status of frozen embryos and the related legislation and judicial practice, in order to investigate the change from the first trial to the second one,specifically to investigate several controversial focuses of the case, namely whether the informed consents in the case give suggestions about how to deal with the frozen embryos, the legal status of frozen embryos, who have rights to own the frozen embryos and control rules, the nature of the case and relevant procedure problems.Finally get corresponding conclusion about each controversial focus, and further simply discuss the feasibility of the system of frozen embryo donation-adoption in special cases, in our country the legal status of embryos legislation in the future must consider the population social security policy, social security policy of our country.Under the circumstances that law has no clear stipulation, the court still have to make a judgment according to law. As our country's first human frozen embryo's ownership dispute, what the court did shows that judiciary as a tool of social relief must adhere to the concept of basing on facts and taking law as the criterion, which is the basic rules for judicial staff. In the face of new hard case, it's not allowed to obeythe prohibitive provisions of the law, judges make legal and reasonable judgment,show the law is full of humanistic care, such law is more vitality.