On The Legal Problems Of Human Frozen Embryos

In order to realize the right to procreate of the huge group of infertility,modern medicine has been persistent in the study of birth defects.At the end of the last century in the late 70 s and finally overcome the infertility problem-IVF technology.Since the first test tube baby was produced in No.3 Hospital of Peking University in 1988,the technical effect is obvious.But along with the emergence of the first domestic case of frozen embryos,in what is the legal attribute of human embryos,the nature of rights and how to deal with the problem,because there is no relevant legal norms of China's complete,in the practice of frozen embryos problem has become the difficult problem of the new judicial judgment.In this case,the frozen embryo research and study this behavior is particularly necessary.Therefore,the author uses the method of literature analysis,comparative analysis and case study method,based on the analysis of Jiangsu Yixing frozen embryo disputes,and combining foreign relevant theoretical research on frozen embryos,analyzed.It should be characterized as people's point of view,and for China to accelerate the legislation of frozen embryos and put forward relevant suggestions.Based on the actual case,the author puts forward his own opinion.In addition to the introduction,this paper is divided into three parts to discuss the problem of human frozen embryo.The first part is the introduction and the focus of controversy,the focus of controversy in this case is the rights legal attribute of human,frozen embryos frozen embryos,the nature and ownership of the inheritance and the disposal problem,the trial court has a different understanding of the problem,resulting in different judicial results.The second part is the analysis of the case the focus of controversy,mainly analyzes the civil law attribute,the first part of the human embryo cryopreservation of human embryos and nature of the right of ownership and inheritance of frozen embryos and disposal of the three focus of controversy,but also for the case that the existent problems are analyzed.First of all,about the nature of human embryos,there are subjective and objective and compromise said three views,the real problem has certain limitations,the frozen embryos for qualitative personality is more conducive to the protection of their interests;secondly,the nature ofhuman rights of the frozen embryo.In essence,it should belong to the real right,but it should be included in the category of "personality",which should be protected by the law.Based on its special nature,it can not be regarded as the object of inheritance,but it can be regarded as the object of the right of supervision and disposal.The third part is the inspiration and thinking of this case.This case gives us a lot of inspiration.Firstly,we should strengthen the legislation of frozen embryo.Because the current legislation has been unable to meet the needs of science and technology and practice,legislation is conducive to safeguarding the legitimate rights and interests of infertility.Secondly,we should draw up the legislation of frozen embryo in our country on the basis of absorbing the legislation of frozen embryo in the continental law system and common law system.Finally,on the frozen embryo legislation suggestions,mainly including: clear human embryo cryopreservation of human's status in the legislation;right of ownership of human frozen embryos and exercise rules clear,that is the subject of rights should in principle as the embryo donor couples,the exercise should be negotiated;clear the human embryo the way to deal with special circumstances disposal,disposal of frozen embryos,for example,the disposal of surplus embryos to divorce when embryo disposal,one or both of the death of embryos disposal problems it should be clearly defined.At the same time,we should improve the protection and supervision mechanism of human frozen embryos and improve other related supporting systems,such as the establishment of the system of adoption and donation of frozen embryos,and the limited release of surrogacy system.