The Legal Attribute And Attribution Of Right Of Frozen Embryos

The application of artificial assisted reproductive technology, bringing the Gospel for infertility patients, raises many ethical and legal problems at the same time. The different judgment in first and second judgment of Wu xi first frozen embryos ownership dispute in our country have caused the attention of the people about these problems, especially the legal attribute of frozen embryos. The lack of current legislation made the judge facing an embarrassing situation in handling legal disputes about the problem about the legal status of the frozen embryos qualitative and the disposal of surplus embryos. The research achievements of frozen embryos were limited in academia, and they formed three mainstream theories that are "subject", "object", "compromise" mainly about legal status of the frozen embryos.Firstly, this article analysis the case of rights of frozen embryos and puts forward the problems in the protection of frozen embryos. Secondly, this article discuss the advantages and disadvantages of the three theories,combined with the frozen embryos right attribution judgement, should put forward our country the legal attribute of frozen embryos:frozen embryos is the transition between people and objects.Beyond that, this master's thesis also discussed the frozen embryos right ownership, the limit of the right and so on. Finally, the article put forward the view to build system of frozen embryos donated and adoption, aiming to reach a consensus though the academic discussion, improve related legislation as soon as possible in China and provide legal help for related problem solving.