Research On Related Legal Issues Of Frozen Embryo

With the progress of society and the gradual improvement of artificial assisted reproductive technology,frozen embryo technology has become more and more mature and accepted by many infertile couples.In 2014,the frozen embryo ownership dispute occurred in Wuxi,Jiangsu,Yixing Province,indicating that the ownership disputes related to frozen embryos in China have to be solved by judicial means.The reproductive technology development of our time assisted is short,the current law on frozen embryos is almost blank,only part of the contents of the current laws and regulations of China's Ministry of health promulgated regulations involved,on the legal issues of frozen embryos did not from the perspective of civil law to govern,involved and issued by the Ministry of health department the contents of the rules and limitations exist in the applicable object,its main purpose is to regulate medical behavior of medical institutions,and the legal effect is low,in the administration of justice in the lack of clear laws and regulations as the basis of decision,therefore,the reality of legal problems caused by the frozen embryos to be solved effectively,we need to build a more perfect the legal system of frozen embryos frozen embryos,given the special legal protection,to meet the people to resolve disputes related to frozen embryos The legal requirements and practical needs,adapt to the times and the trend of social development.In this paper,the related legal problems of frozen embryos mainly consists of four parts.The first part is the introduction of frozen embryos the legal attribute of the three theories,the theory mainly includes subject,object and the compromise,the legal attribute of frozen embryos is the problem,we must first solve the problem,a comprehensive set of provisions of different theories and legislation on the frozen embryos,through three kinds of theory about the legal attribute of the contrast of frozen embryos and I agree with the views of Professor Yang Lixin,that the legal attribute of frozen embryos should be defined as ethics;the second part mainly analyzes the ownership rights of frozen embryos during the marital relationship,the couple divorced,after the death of one of the spouses under some conditions and rules of the exercise that frozen embryos in during the marital relationship to a couple of common.The couple divorced after the return of either the husband or wife,the death of one spouse to a survivor,the third part mainly studies the remaining frozen embryos as Where,the sanctions are mainly in three ways:the destruction of the remaining frozen embryos or embryos,the main remaining frozen embryos for research or donated to other infertile couples;the fourth part mainly solves the problem of inheritance of both husband and wife death case of frozen embryos,the frozen embryos can be inherited are analyzed,and analysis of frozen embryos inheritance rules,including the main scope of rules and order of inheritance rules,does not apply to transfer inheritance and subrogation inheritance,between the shared common ownership,heir to give up the right of inheritance or no heir to the inheritance of treatment,the legal heir effect six aspects,and then elaborates the frozen embryo inherited restrictions,including inheritance,people use frozen embryos for the punishment,the right of ownership is restricted,and the heirs do not enjoy the right to return.