Study On The Attribution And Protection Of Frozen Embryonic Rights

With the developing gradually of science and technology,People's ideas are changing,Artificial auxiliary education gradually into people's life.But for this special content of frozen embryos,The special properties of the law in our country at present the are not clearly defined,In the face of a series of problems caused by frozen embryos happen,legal practice,academia has caused a heated discussion.For the legal attribute of frozen embryos positioning problem ascription problem of the legal rights for frozen embryos,whether the frozen embryos can be in heritted as heritage to and so on a series of problems has attracted widespread attention.But given the current law in our country have not make clear a regulation,different scholars have different views on this The current academic circles,there are three main claims that said main body,object and compromise.At present most of the existing legislation about frozen embryos belongs to administrative management specification,Its main purpose is for the conduct of the medical institution staff constraints on frozen embryos without this province and made a series of questions are specific rules.Our country is in accordance with the law governing the socialist countries,And not because there is no relevant law to the case of the referee.So,for it is very important how to further perfect the relevant legal.To our country's first human frozen embryos the ownership dispute bill this typical case analysis,From the case of disputes and cases after the transformation of occurred,With the help of the legal status of frozen embryos related theoretical analysis and related legislation and judicial practice experience in outside.The specific case of a few controversial focus is discussed in this paper,In the case of the legal status of frozen embryos,in the case of the ownership of the rights and frozen embryos,Processing rules,and so on various negative problems were discussed.Yi xing frozen embryos "inherit" case has attracted the attention of the society from all walks of life,controversy on the case is mainly for the legal attribute of the four pieces of frozen embryos and case involving frozen embryos were "inheritance" is it legal problems.By analyzing the case of the case,On the basis of the existing legislation of our country draw lessons from foreign related legislation system,this article concludes the frozen embryos to the category of the ethical content is morereasonable.Specified in the latest civil law general principles for the protection of the fetus,involving fetus' s interests protection such as inheritance,accepting the gift,as a fetus has the capacity for civil rights,but when the baby was born for the body,the capacity for civil rights and does not exis.For the fetus protection for civil rights still such rules,as is only possible for the development of fetal stipulated directly frozen embryos for independent rights bearer is obviously unreasonable.but if only is frozen embryos are classified as common objective,So for embryo contains attributes of life is a kind of indifference,will trigger the embryo production of series of problems such as illegal trade.For intermediate said this view seems to be a reasonable balance the interests of all parties,but in fact its fuzziness in solving the actual problems and have no effect.For the properties of frozen embryos positioning is the basis of a series of problems,because this article is frozen embryos is defined as the special ethical content,can protect the frozen embryos can also because of the cause of inheritance,right ownership,principles of management,and so on series provides the basis for the solution of the problem.In this paper,from the case to the analysis of relevant problems is put forward,analysis and draw lessons from foreign judicial precedent,according to the actual situation of our country put forward a series of perfect legislation initiatives.