Legal Protection Theory Of Frozen Embryos

Wuxi frozen embryos inherit spontaneous case since the case has aroused widespread concern of the people, civil law also legal property ownership rights and other issues of frozen embryos in a fierce debate. Wuxi case of frozen embryos reveals the challenges on the one hand the rapid development of artificial reproductive technology under the traditional human ethics brought to the other, to divide the traditional civil law theory of character binary pattern proposed new standards. Display cases and foreign legislation, frozen embryos for legal property presents three positions, one for the main focus of his personality attributes that, depending on the scope of protection of the subject property embryos were divided into finite natural that the legal fiction of people say, said the right body parts; one is focusing its object Real property that the embryos as a degree of physical protection and specific restrictions were divided into Right direct object that ethics matter,said property; the last one to break through the traditional theory of civil law People binary pattern, the creation of a third field, both personal interests and the interests of the agency's property contained on the protection of embryos that differ in their specific regulatory and legislative interests into private life that says personal interests. Now legislative and academia in order to pass, he said the agency said, but scholars say that the countries of the agency specifically how the Legislation of a larger debate.Looking at case law and legislative practice of States, I believe, for the legal property of frozen embryos should be positioning it as a general thing, there are strict distinction between the particular matter. Particularity lies in its ethical and moral status of the properties reflect personality attributes, based on this, it should be across the property law and the protection of the personality right, in order to maximize the realization of frozen embryos personality attributes and property attributes double protection. Meanwhile, the scope of rights owners and rights holders on the frozen embryos there are differences, we should distinguish between the owner and the rights of people to define the scope of rights and the right to limit both.Now our frozen embryos for legal protection provisions scattered in several departmental rules and regulations in effect lower, and the content of the provisions not covered by the legal property rights of human rights and specific range of core issues such as the urgent need to build the system from frozen embryos Legal protection of perfection. I believe that our country can learn from foreign jurisprudence and legislation related to the protection of theembryo, in particular the introduction of embryo adoption system selectively, with both Real Right and personality right of judicial remedy claims aggregated in order to establish a complete frozen embryos legal protection system.