A Study On The Legislative Proposals

The existence of artificial protection technology leads to the formation of double tracked procreating system.This is a good new to infertility patients.But at the same time,it challenges the traditional legal system and corresponding legislation is managed by different countries as a response.This problem is closely related to the rules of in vitro fertilization embryo,which determines the design of the legal system of embryonic ownership,disposition,inheritance and so on.On the one hand,in vitro fertilization is not equivalent to humans,just because it has no life.On the other hand,it is not the same as things,because it does not have the possibility of being a human being.The key legal problem herein is the determination of the legal position of the fertilized embryo,which mainly includes the subject doctrine,the object doctrine and the resonance doctrine.To some countries,the resonance doctrine has become the best choice in legislation and practice.Because it is not only concerned the embryonic provider's will,but also is good for solving the problems of the surplus embryos and fully rational utilization of surplus embryos.On basis of the analysis of extraterritorial relevant legislation and comparison of various theories,this paper puts forward some suggestions on the future legislation of artificial reproduction in China,which are based on the idea position of the in vitro localization of in vitro fertilized embryo as intermediate.And we try to take reasonable measures to achieve the coordination of the right among provider of embryo,embryo and society.The paper includes four chapters:The first chapter introduces the three kinds of doctrine of the legal attribute of in vitro fertilization embryos,and combined with the judicial precedents supported by various theories,to analyze the advantages and disadvantages of each theory.On the basis of the above analysis,the resonance doctrine seems to be the best choice of the legal nature of in vitro fertilization embryos.The second chapter introduces the current legislative situation and existing problems of in vitro fertilization embryo in China.This paper makes a systematic introduction to several important administrative regulations about artificial reproduction in China at present.On this basis,the deficiencies are analyzed and summarized in the existing legislation.The third chapter introduces the legislative overview of civil law countries (regions),common law countries and Taiwan,including Britain,the United States,Germany,Japan,Switzerland and Taiwan.And based on summarizing the overseas legislative experience,some valuable points of the future legislation of in vitro fertilization embryo are draw,such as the establishment of special law to regulate the reproductive matters,the best interests of children,human assisted reproductive legislation needs to pay attention to the comprehensiveness of law.In view of the special legal attribute of in vitro fertilization embryo,the legal rules should have particularity,and make reasonable response and planning in the fourth chapter.Combined with the legislative experience and the practical needs,some suggestions are put forward to the improvement of the legal system of in vitro fertilization in China,in order to make human assisted reproductive technology more healthy development and the benefit of mankind.These suggestions are divided into three aspects: the principle of legislation perfection,the specific perfection of the legal system of in vitro fertilization embryo,and the improvement of auxiliary measures.