The Legal Attribute Of Human Frozen Embryos And Problem Analysis Of Ownership

On September 17,2014,in wuxi city,jiangsu province intermediate people’s court have been the social focus on "the nation’s first human frozen embryos ownership dispute" to make a verdict,marked the res judicata of the court of second instance.Although the case so far already settled,but the resulting academic discussion but it is by no means over.In the case of two court verdicts of distinct,reflect the lack of human frozen embryos legislation in China.This case the essence of the contention is that the legal attribute of frozen embryos,in terms of that point,the current law does not have any.Existing regulations,the provisions of the related only two department regulations issued by the ministry of health,namely "the human assisted reproductive technology specification" and "human assisted reproductive technology management method".At the same time,influenced by many factors,the number of infertility patients showed a trend of increasing year by year.In such a severe social situation,study of legal issues of’ frozen embryos has extremely profound theoretical and practical significance.Especially in China,influenced by Confucian culture for a long time,people adhering to the"unfilial have three ways" concept,after suffering from infertility,the artificial assisted reproductive surgery showed a stronger demand.The emergence of frozen embryos technology,is undoubtedly brought the Gospel to these families.Therefore,our country is more need for the legal attribute of frozen embryos qualitative,perfecting the relevant laws and regulations,meet the actual needs of social life,safeguard the legitimate rights and interests of people.About the theory of human frozen embryos,have said main body,object and compromise.Three theories have certain theoretical basis and their supporters,combined with biological science,ethics,philosophy and theology,and other disciplines theory and links between the Chinese and foreign mainstream theory and law,can be found that the main body that does not conform to the biology,ethics and religion on the definition of "people",and if adopt principal said,experiment on human embryos for research object will be banned,is bound to have great influence on development of medical enterprise in our country.In addition to that,abortion will also with the killing,never protect women’s rights and interests,China’s population will be out of control,which is bad for people’s life stability and good operation of the social order.Adopted a mediation will completely subvert the traditional structure of the civil law system,in terms of the present situation,far from need to deny the existing civil law ","the point of the binary system,the reform of the civil law system not only blindly unprecedented impact,also ignore the function of the method of hermeneutics,is contrary to law and economics theory.Said that the object of ethics,by contrast,in the following,on the basis of ethics,adhere to the existing civil law under the premise of binary system,creatively use the content,concept for human embryonic provides a kind of special regulation perspective,in a moderate way to promote the reform of legal theory.Now that the legislative purpose is to safeguard the legitimate rights and interests of citizens,legal persons and correctly adjust the legal relation between the obligee and obligor,so if frozen embryos may be defined as the ethical content to be able to clear the relationship between rights and obligations of the parties,resolve their disputes,there is no need human embryos may be defined as "people",no more need to create the third type of civil law between the subject category.However,considering the human essence of frozen embryos have the potential for development of the adult,for sure the things at the same time,must be relevant to ban all the trading behavior of frozen embryos.So,although the frozen embryos are human beings,but does not have the property attribute,can locate it to "property rights",and its regulation in a special way.That frozen embryos are objects,the obligee should enjoy the corresponding property rights,rights to belong is prone to disputes.Effective dispute resolution scheme is put forward,is the ultimate foothold.Between hospital and patients are,in short,the embryo ownership dispute,should with preoperative agreement for judgment basis.In the marriage relationship removes,ownership dispute is the specific problem specific analysis,insist on the party autonomy,with practice,the principle of the interests of both the woman and other vulnerable to adjudicate.When the holder’s death,the ownership of the frozen embryos by their heirs having been obtained according to law,heir of the sequence and the traditional inheritance law in a slightly different sequence,all successor is divided into four line,followed by a spouse;Parents;Children;Brothers and sisters,paternal grandparents,maternal grandparents.If you want to solve the problem of the court to handle the case could not be in accordance with,the legislative branch issued relevant laws and regulations is the fundamental measures as soon as possible,is the first need to determine which human frozen embryos in the hierarchy of the legal effect the legal attribute of ethics.Before the detailed rules and regulations promulgated principle can go ahead and auxiliary rules,to cope with the present social problems.In the related law.when revised,adhere to start from a number of sectors at the same time,in order to to form a mutually supporting legal system,to better cope with various cases in real life.