Study On The Problems Of Civil Law In The Genetic Testing

Today,China's genetic testing technology continues to develop,more and more people know and enjoy the great benefits of this technology,such as finding defective genes,treating genetic disease and identifying individuals identity in accident and criminal investigation.What's more,the technology can testing young children' talent genes to develop children better.However,we also realize a lot of legal problems with genetic testing techniques,such as the discrimination of employment and insurance,irrational use of genetic information,violation of detectors rights and so on.These problems urgently need legal to adjust and resolve.But,at present,the laws and regulations related to the problem of genetic testing is so less,the level is so low,that can't adjust the new legal relationship well.In this context,this article started from the basic theory of genetic testing,presenting the relationship of genetic testing,ascertain the subject in the genetic testing is genetic testing services institutions,genetic testing research institutions and criminal identification institutions,and consumers,tested volunteers and suspects;the object is genetic material and genetic information,but both of them are essentially belong to genes and they have consistency.The properties of the genetic material from the human body,the personality attribute and the property interest attribute of the genetic information,the patent ability of the gene are analyzed.The contents of the genetic testing are the patent right,the obligation of informing and the duty of confidentiality,and deal with the residual biological material.The contents of the genetic tested are the ownership of genetic material from the human body,genetic privacy,genetic equality,gene autonomy,the obligations of truthfully provide their own information and fair use.As a starting point,the legal protection of genetic tested are specified,the genetic rights can be included in the protection of the personality right law,the special legislation such as the "DNA Test" should be set up,the tort liability and contract liability of genetic testing should be established,to regulate the technical behavior of genetic testing,and properly protect the right of the genetic tested.Specific problems for the protection of genetic tested are listed and resolved seriatim.For the rational use of genetic information,it is considered that the principleof rational use of the gene should be established,including the principle of consent of the subject of rights,the principle of specific purpose,the principle of proper source,the principle of safe and confidentiality and the principle of process supervision,and It needs making clear that the use of genetic information have the limits of the third party interest and public interest of society.As to the problem of sharing property interest in intellectual property rights,it is possible to participate in the sharing of intellectual property rights by transferring the right to use genetic information.And through the PEX benefit sharing model and the formulation of the corresponding rules of fair distribution,to ensure that the distribution of the benefits of genetic information to enjoy the property.