Study On The Legal Issue Of The In Vitro Fertilization Embryo

In recent years,in vitro fertilization-embryo transfer technology is widely used,artificial reproduction part of the alternative to natural reproduction,and because of in vitro fertilization technology to form the embryos of their own obvious characteristics,can not help but directly lead to a variety of disputes and laws problem.In vitro fertilization Embryo belongs to people or thing? Or is it somewhere between? What is the ownership of the subject if it belongs? What is the exercise of the rules of the parties? Can it be inherited as a successor? What degree of protection should it be given to its particularity? Can you donate? Do you allow surrogacy or scientific research?...The above-mentioned problems are urgently needed to proceed from the theoretical point of view of civil law,and on this basis,through the improvement of legislation to regulate.In this paper,we discuss the biological characteristics and bioethical characteristics of in vitro fertilized embryos,and try to analyze the legal attributes of in vitro fertilization embryos and generate them Of the civil legal relationship,at the same time for China's specific national conditions put forward the relevant areas of legislation to guide the practice of legal practice.First of all,should be clear in vitro fertilization embryo definition "in vitro" should be modified "fertilization" of the process,refers to the use of "in vitro fertilization" of this medical technology means,rather than fertilized embryos "exist in vitro" In vitro fertilized embryos include both pre-implanted maternal preemergence-fertilized eggs(early embryos,frozen embryos belong to this stage),and embryos formed after implantation of the mother by in vitro fertilization-embryo transfer surgery,The legal attributes of fertilized embryos should not be defined by "one size fits all",but should be combined with biological science characteristics,bioethical characteristics of the specific stages of specific analysis,to take "stage",that early implan that early implantation of the mother in vitro fertilization embryos for the ethics,The in vitro fertilized embryos after implantation of the mother are neither a separate civil body nor a part of the complete maternal,and the law specifically protects it from its ability to have civil rights or to be independent of the mother,Has a specific "life law".Secondly,on the basis of clarifying its legal attributes,it is possible to further clarify some of the legal application problems in the in vitro fertilization embryo dispute.Before being implanted into the mother,it is necessary to inherit,but also be inherited."Ethical",but also had to carry out special legal regulation,its disposal should also strengthen the supervision;and in the implantation of the mother,it does not have the independence of the material,is part of the complete mother,since no ownership,There is no possibility of inheritance,of course,its damage to the dispute treatment applies to the general maternal personal compensation rules,as follows followed by biological growth trajectory development to the narrow "fetal" stage of the legal regulation,when applicable,such as " Retained" and other special legal norms to adjust,this time is only based on the special " life law " protection,still should not admit its civil rights or as a thing.Finally,based on the "biography of" and "life prohibited trade" of the bioethics,when the restrictions allow for non-profit,to continue incense for the purpose of surrogacy.