Research On The Legal Issues Of The Disposal Of Frozen Embryos

The verdict of the Wuxi Frozen Embryos Disputes which caused an uproar in China,is that the both patents of deceased couple jointly exercise the right of custody and dispose for four frozen embryos.When the case was firstly unveiled,it caused an uproar in the community,the theorists were mixed for the decision in this case whether the result is legal and reasonable.With the in-depth understanding of the concept of the “frozen embryos”,the researchers also proposed a new thesis,the main of this new thesis related to the legal property,disposal,and other aspect of the frozen embryos.Currently,with the improvement of the scientific level,the Chinese frozen embryos reproductive technology are becoming mature increasingly,this technology has helped many infertile couples to solve a major problem and bring them hope.However,in the area of justice,there are no specific legislation for the civil relations which the frozen embryos involved.This results in no legal basis for the judiciary resolving the civil cases which related to frozen embryos,and also cause the the legitimate interests of the right of people are violated.Following the increasing number of infertility patients in China,the frozen embryos which is an artificial reproductive technology will be used more and more frequently in the future social life,opinions vary on who has the right of ownership and disposal to the frozen embryos,there are no any legal basis.If the legal issues of the dispose of frozen embryos were not discussed in depth,combined with Chinese national conditions to unify and improve the legislation,and established the strict legal system on this basis,the issues will certainly cause confusion for the social life,and will hinder the smooth progress of the social activities.To resolve the legal question of how to dispose the frozen embryos,the legal property of frozen embryos must be accurately positioned,to make sure what the legal attribute of frozen embryos is,“person”,“object” or “intermediate”? The author collected the domestic and international different legislation,as well as the different point of view theorists,and put forward their own views on this basis.The author believes that the frozen embryos is a “quasi-thing”,which is an “intermediate” is independent of the “people” and “ object ” outside.The premise of the disposal of frozen embryos(“quasi-thing”)is the ownership of frozen embryos,the nature of the ownership of frozen embryos problem is reproductive rights,and the exercise of reproductive rights should have certain conditions.The ownership of frozen embryos is different in the case of divorced spouses and the spouses lose the subject qualification,but no matter what,only the ownership o f the subject to dispose the frozen embryos.The main disposition of frozen embryos in accordance with the relevant provisions of domestic and oversea have three ways,which are destroyed,donated to the research institutions for scientific research,and donated to the other infertile couples,each disposal are related to law or legal basis,all of them are certain rationality.The author believes that to perfect and uniform legislation,establishment of specialized regulatory agencies,and expand conditionally judges' independent right,not only learning from abroad relatively complete disposal,but also combining the national conditions for further improvement.It is a very serious issue how to dispose the frozen embryos,this issue not only related to how to maximize the effectiveness of frozen embryos,but also will have a profound impact on the legitimate interests of ownership subject.The author present humble opinion for this issue hoping play a role to improve and develop this legal issue.