Research Of Civil Liability To Individual Genetic Right Infringement

The development of gene technology has generated a great impact on people's lives,making contributions to curing diseases and prolonging human life yet meanwhile triggering a large number of legal,ethical and social problems.Gene serves as a kind of resource that can bring great value,but the dignity,privacy,liberal right and even economic interests of gene owners are often infringed,the cases related to individual genes have been nothing new.Due to the lag of laws and regulations in China,it is difficult to find out relevant legal bases to protect individuals' genetic rights in the judicial practice,so the victims ultimately often have to resort to some basic principles,thus bringing great difficulties for them to safeguard their legal rights.In such a circumstance,if we want to realize the objectivity and rationality of the existence of individual genetic rights and the necessity to clear their civil liabilities,we must starting from the definition of the legal attributes of individual genetic rights,determines the personality right attribute of individual genetic rights on the basis of enumerating and analyzing different views about it.Besides,combining with specific cases,the infringements of individual genetic rights can be divided into four types,namely individual genetic equality infringement,infringement of individual genetic privacy,infringement of individual genetic autonomy right and infringement of individual genetic publicity.By referring to large amounts of material from different countries and regions on the imputation basis of the civil liability of individual genetic infringement,this thesis comparatively analyzes the fault-based imputation represented by the United States,Germany,and the Netherlands,the danger-based imputation represented by Lithuania,and the fault-danger combination-based imputation represented by France,and gets the conclusion that the fault-danger combination-based imputation can better deal with the general and special individual genetic infringement cases.In addition,under the precondition of the above imputation basis,the four constitutive requirements of the civil liability of individual genetic right infringement are analyzed.In the end,combining the general characteristics of common infringement acts and the special characteristics of individual genetic right infringement acts,this thesis divides the civil compensation of individual genetic rights into pecuniary loss compensationand non-pecuniary loss compensation,thus making the scope of the civil liability of individual genetic rights more specific.