The Legal Attributes And Rights Of Human Frozen Embryos Are Exercised

There is no doubt that the "IVF technology" and its derived human reproduction technology has a positive impact on mankind and society,but it also brings a lot of thorny legal problems.For example,how to determine the kinship of children born by sperm or eggs donated by others? Can the Grant Agreement be rescinded or withdrawn? Whether the right to choose according to a certain standard or preferences implanted in vitro fertilization of the mother embryo and many other issues.In these legal issues,the most basic and most important issue is the human nature of the legal nature of frozen embryos identified.For this problem,the most typical case is occurring in China’s first case of human frozen embryo succession dispute.In order to provide a theoretical basis for the controversy on freezing embryo disposal,the purpose of this paper is to analyze and define the legal nature of "frozen embryo" as the object of study.At the same time,To provide the normative principle for the disposal of frozen embryos.The first part is the introduction,mainly to introduce the facts and legal background of this study,the domestic representative frozen embryo cases were interpreted,the decision analysis.And summarizes the thinking path of this paper.The second part is the definition of the basic concept,starting from the definition of frozen embryos.In this paper,the four factors that define the legal nature of frozen embryos are extracted,so as to determine that frozen embryos should be treated with special respect.The third part is about the analysis of the legal nature of frozen embryos in three universities.This chapter is divided into two parts.The tool is classified as the logical starting point,in accordance with the order and development trend will be included in the main arguments of various theories,and compromise the object of class three,for the theory of the basic ideas and sub factions were analyzed and classified.The definition of the legal nature of the factors of frozen embryos,starting from the proposed definition of the legal nature of frozen embryos must answer the question,think inclusive and system of frozen embryos depends on the definition of the nature of the legal system,the author argues that China’s current legal system,ethics is the object of frozen embryos.In the fourth part,by comparing domestic and foreign different types of frozen Embryo dispute,how to judge and judge.Finally,the author puts forward somesuggestions on the legislation of frozen embryo in our country in the future.A type of frozen embryo marriage does not exist when the rights of ownership,a couple of one or both of the death of right of ownership and right of ownership and the case of donations of frozen embryos were damaged when the right to exercise.The fifth part is about the legislative suggestions on the treatment of frozen embryos.The special nature of the object based on ethics,the author puts forward the basic principles of frozen embryo legislation should comply with the principle of informed consent,including authority approval,supervision principle,non business principle,blind security principle and the principle of public interest.In the specific legislative suggestions,the first clear provisions in the legislation,the ethical attributes of frozen embryos and embryo donation legislation in different situations of different ownership rights under the condition of different processing methods,then puts forward improvement of artificial procreation license mechanism,finally,should also be included in the legislation on the long retention time.