Logical Justification And Civil Norm Of Gene Right Of Privacy

With the rapid development of genetics and gene technology,the life password of the "human gene" is to be deciphered,so it can be manipulated,intervened and transformed.In the social practice,the new invent of legal interest media will inevitably bring about academic disputes on the nature of legal interests,which mainly include three kinds of academic propositions: "personality right attribute","property right attribute" and "personality property right".Based on the analysis of the above three kinds of academic propositions from the jurisprudence,this paper agrees with the "personality right" as the logical approach,and defines its legal meaning from the perspective of the right of genetic privacy to personality.In order to prove the personality right of gene privacy right,this paper based on the right of gene privacy right from the objective law-Natural Right theory put forward by Locke and combined with the extension of gene science and technology to privacy domain to show the value target of recognition of human dignity,analyzes whether human gene can be used as the object-personality element of personality right.Moreover,with the development of private rights,then it comes to draw a conclusion that Genetic privacy is an objective of personality right.From the perspective of personality right law,this paper constructs the legal relationship of gene privacy right from the right subject,the right object,the power structure and the power boundary of gene privacy right.This paper deem that the right subject of gene privacy right is natural person.This paper also constructs four aspects of gene privacy,including the right of gene privacy,the right of confidentiality,the right to use the elements of personality and the relief right of others.In order to make a clear relationship between genetic privacy and other related rights boundary,the right of their boundaries is discussed and expounded.In the background of civil code compilation,this paper discusses gene privacy right from the expression of civil right.From the prospective of whether the right of personality in our future civil code should be set separately,combined with the successful experience of the civil code system in the world,The author argues that the establishment of personality right has its own indispensable obstacles,which will greatly restrict the development of the connotation of personality right and the continuous expansion of the object.Gene privacy should follow the way of fragmentation of personality right,and distribute in the relevant chapters of the Civil Code,then the genetic privacy of the civil law rules are tentatively framed.The discussion of genetic privacy confirmation is unavoidable for the problem of private law remedies.This paper puts forward the protection of gene privacy right from three perspectives: personality right,tort right,claim right of contract,and argues that the tort liability of genetic privacy should be applied to the general tort liability principle-fault liability Principle,then from four aspects: the relatives of genes,the public interest,the third person in danger and the unconcealed gene database,the exercise of the right to genetic privacy is restricted.Finally,this paper sums up the ways to bear responsibilities: stop infringement,eliminate the impact,restore the reputation,apology and compensate for loss.