The Study Of Legal Attribute And Legal Regulation Of Human Frozen Embryos

Frozen embryos as a new development in science and technology, innovative development of human potential, so it is difficult to determine its legal attribute. In recent years, due to the widely used of the artificial assisted reproductive technology, the number of frozen embryos derived various legal problems to be solved. This paper first expounds the basic concept of frozen embryos, prevailing in the current community three theories as the main line, is discussed the subject, object and middle basic definition, relevant legislation and case. Then sort out legislation status quo on the frozen embryos in China, detailed analysis and comparison the case of Wuxi frozen embryos. For frozen embryos legislation in China in the future in the end, this paper puts forward the suggestion, should be based on principles of the parties at the same time consensus, and the profit of gamete donors and the public demand. The full text is divided into the following four parts.The first part introduce the basic properties of frozen embryos. This paper introduces the technical principle and application field of frozen embryos, illustrates the frozen embryos could develop their human particularity and application value in the field of scientific research, and introduces the ethical issues arising from the frozen embryos.The second part is investigated about the legal attribute of the basic theory of frozen embryos. This paper introduces several current relatively popular in the educational world theory, analysis and comparison of the doctrine of the basic meaning and the related legislation, this paper hold midst theory, frozen embryos is not a simple thing or completely civil main body status, has transitional nature between the object and the subject.The third part introduces China's status quo of legislation and judicial practice about frozen embryos. For frozen embryos of legislation in our country at present are principled regulations, lack of detailed rules, and the disposition of frozen embryos has legislative blank. Through the concrete analysis the first case about the frozen embryos inheritance disputes in China, the paper introduces the judicial present situation for frozen embryos in China. Through concrete in our country the first inheritance disputes about frozen embryos, found that more than China's current legislation for frozen embryos as the principle regulation, the lack of rules regulations, and in the disposition of frozen embryos legislative blank.The fourth part for our future frozen embryos legislation and supervision system are also proposed. The author believes that our country should set up specialized agencies to study and deal with the ethical and legal problems about frozen embryos, but also the benefit for the gamete donor and frozen embryos, in the treatment of frozen embryos with gamete donor autonomy for the principle. At the same time, considering the scientific research value and reproductive value frozen embryos, shall have the conditions to allow the gamete donors on the premise of fully voluntary, will donate their frozen embryos to be used in scientific research, or turn add to other infertile couples.