The Legal Thought Of The First Case Of Frozen Embryo Inheritance In China

At present,our country is in a stage of rapid economic development and social transformation,the pollution of the environment,working pressure,irregular habits,such as a series of problems caused more and more people are suffering from infertility and to solve the reproductive problems,medicine invented artificial assisted reproductive technology.Use this technique to breed life.At present,the legal science for has not yet been transplanted into the body of the legal attribute of frozen embryos and rights belong to no clear rules,resulting in the event of a dispute involving frozen embryos judge can depend on,can't make a decision without credibility,and both the parties and the interests of the frozen embryos are not guaranteed.Have taken place in China's jiangsu province in 2014,with inheritance disputes caused by frozen embryos,frozen embryos in case of the donor is also due to the accidental death of husband and wife,the parents in order to compete for the ownership of the frozen embryos to court,the court of first instance that frozen embryos in the law belongs to the special physical properties,can't literally inheritance,basic agree with the first-instance court second trial court,considered frozen embryos with ethical attributes of special material,can't literally inheritance,but from the perspective of ethics,emotion,the special interests protection,judgment right of disposition of their jointly by the parties to exercise and supervision.From can't be inherited to the change,shall enjoy the right of supervision and disposition of the court in a strictly in accordance with the law case both reasonable at the same time,can take into account the parties as lost old man alone special mood,but also reflects the due to the legislation of the difficulty of blank brings to the judicial work.At present our country involve the embryo is limited to the legal norms of "human assisted reproductive technology management method","human assisted reproductive technology specification","the human assisted reproductive technology and human sperm bank ethical rules","human assisted reproductive technology and management procedure of human sperm bank review,review and approval of the" department regulations and normative legal documents,such as was not from the level of law on the legal protection,this causes due to the low legislative level,can't protect the interest of the frozen embryos,moreover our country to develop these specifications are mostly constraint is engaged in the artificial assisted reproductive technology of raw agencies and the behavior of the staff,with a general binding force.Therefore,the law of frozen embryo should be formulated,and the legal properties and rights of the frozen embryo and the rights and contents of the embryos should be clarified.Inspired by the case of the first frozen embryo in China,the author divided the article into five parts according to the problem,the analysis problem and the problem solving.The first part is the introduction section,which discusses the purpose and meaning of the research in this article,the research situation,the research content and method,the research idea and the innovation point.The second part introduce the basic theory of frozen embryos,including frozen embryos of related concept definition,legal attribute of frozen embryos,the necessity of legal protection for frozen embryos;The third part is a description of the status quo of foreign frozen embryos and its implications for our country.This article introduces the first case of cryogenic embryo inheritance in China and its analysis of the case.The fifth part is the perfect proposal for China's frozen embryo legislation.