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Research On The Legal Attribute Of The Frozen Human Fmbryos And Related Problem

Posted on:2018-04-04Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2336330515481348Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development and widely application of the Artificial Assisted reproductive Technology,the follow-up problems are gradually increasing.The first case concerning inheritance about the frozen embryos,which occurred in the city of Nanjing Jiangsu Province in 2014,has aroused extensive concern from the society,the main dispute in this case is the question of how to dispose those frozen embryos which were left by thr husband and wife both dead in an accident.So the theorists began to discuss the legal attributes of the frozen embryos,and there are three theoretical points at present about this question:the "subject theory",the "object theory",and the "middle theory".Since the study of the civil legal status about the frozen embryos in our country is still at the preliminary stage,so the research literature in this field is not sufficient yet.Some scholars attempt todefine it from the point of view of Constitutional law,Comparative law and the way of specific inheritance and punishment.And the legislative situation about the artificial reproductive technology is still inadequate in China,so we cannot provide enough references as far as other countries,like France and the United States and so on,which has a more extensive legislative experience and judicial practice in this area.So,this article will introduce and analysis the three points of view introduced above based on the existing relevant laws and regulations in China,on the one hand,clarifies the academic controversy,and on the other hand,studies the relevant legislative norms and precedents abroad.On the basis of summing up the foreign legislation and judicial practice,combined with China's unique national conditions.I will put forward my own opinion about the legal attributes of the frozen embryos,and clear its significance to solve the reality disputes.The identification of the legal attributes of artificial frozen embryos is not only related to the solution of specific disputes,but also to the development of specific operational rules,thus at the end of the article,I also make some related recommendations on the legislation framework of the frozen embryos.In addition to the introduction and conclusion,the full text consists of the following four parts:The first part outlines the concepts and problems of artificial frozen embryos.From the use of artificial assisted reproductive technology to introduce the relevant background of this issue,as well as"test-tube baby technology"to bring the production of frozen embryos and the two related concepts,and thus derived from the social problems it has been brought.The second part mainly introduces the exploration of the legal attributes of frozen embryos,and combines the research and practice experience outside the domain and the national conditions of our country to qualify the legal status of frozen embryos.First of all,introduce and analysis the three kinds of theories leaded by the academic circles about this question,which were the "subject theory",the "object theory",and the "middle theory",and then introduce the controversial cases and disposal rules of the frozen embryos in United States,France and other countries,combine these with the theoretical framework of China to specific the legal properties of the frozen embryos.The third part is based on the first two parts to study the specific disposal principles of the frozen embryos.It mainly related to the ownership of frozen embryos,inheritance problems and the issue of infringement.In the fourth part,the legislation of artificial frozen embryos is put forward in the light of the above cases and related theories.On the basis of elaborating the current situation of legislation and management of artificial assisted reproductive technology in China,this article will points out the necessity of legislation in our country,and puts forward the specific factors and ideas that should be considered in perfecting the relevant legislation in our country.It is hoped that the study of the author will provide some reference for the settlement of disputes and serve as a boost to the theoretical research in the related fields.
Keywords/Search Tags:Frozen embryo, Legal Attribute, Legal Protection
PDF Full Text Request
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