Study On Civil Law Issues Of Frozen Embryos

Frozen embryos are the product of assisted reproductive technology applications.The frequent appearance of frozen embryo legal disputes in judicial practice is in stark contrast to China's current legislative gap in this field.It is imminent to analyze frozen embryo legal issues and make up for the lack of relevant laws.This article is divided into four chapters,which discuss the four aspects of frozen embryos,the ownership of frozen embryos,the inheritance of frozen embryos,and how to construct a frozen embryo protection system in China.The first part of the article is the exploration of the legal properties of frozen embryos.The discussion of the legal properties of frozen embryos is the basis and core of the whole article.Different characterizations may directly lead to different conclusions in the research of other related issues.The subject theory,the object theory and the compromise theory respectively represent the different understandings of the academic community on the legal properties of frozen embryos: the subject theory says that there are branches of the limited liability person and the legal person.The object theory can be further divided into property theory and private life interest theory.Ethical things.In addition to the ethical object theory proposed by Chinese scholars,most of the other branches of other subject and object theory originate from the laws or jurisprudence of countries such as Britain and the United States.Comprehensively comparing the three theories of subject theory,object theory and compromise theory,the author believes that frozen embryos should belong to the object,and specifically should belong to the ethical objects in the object.The concept of ethical objects was proposed by Professor Yang Lixin,a scholar of our country,and it is meant to include ethical attributes.The author believes that characterization of frozen embryos as ethical objects can best highlight the legal properties of frozen embryos,and can best embody the special features of frozen embryos for other things.The second part of this article addresses the issue of ownership of frozen embryos.When analyzing the ownership of frozen embryos,it is far from enough to judge the ownership of frozen embryos based on the ownership rules applicable to common objects.The question of the ownership of frozen embryos also relates to whether the parties are allowed to apply after-agreement on the frozen embryonic right contracts that have already been concluded,as well as the legal choice of conflicting reproductive rights.In this part,the author analyzes through the contract approach and the statutory approach.Combined with relevant legal theory,the author believes that the law should give the parties the right of repentance,that is,the final intention of the parties should be adopted in determining the ownership of frozen embryo rights.As for the two husbands and wives,who have different opinions on the exercise of the right to childbirth,if there are no exceptions,they should claim the interests of the non-childbirth party according to the priority level of value protection.In the third part of this article,we studied the inheritance of frozen embryos.First,the inheritability of frozen embryos was analyzed.In this section,we first described the different positions held by the Chinese academic community on this issue,and then analyzed the views of affirmative and negative positions,so that frozen embryos can be obtained.This conclusion is inherited.Based on this conclusion,the following text combines the right of the property rights on the rules of the exercise of the rights of the frozen embryo heirs.Since the inherited ownership of the frozen embryo is incomplete ownership,and the right to income is excluded,the inheritance of the frozen embryo inheritor only includes the three powers of possession,use and disposal.The last part of this article describes the author's thinking on improving the relevant system of frozen embryos.Several regulations concerning assisted reproductive technology implemented in China at this stage are far from adapting to the endless number of related legal disputes.In order to cooperate with the wide application of frozen embryos,a special legal system for frozen embryos has been developed or will be adopted in the future civil code.The creation of a chapter is imperative.In the fourth part of the article,the author analyzes the deficiencies of the current law and combines the issues concerning the attributes of frozen embryos,rights ownership issues,and inheritance issues,and proposes some specific ideas for future legislation,hoping to freeze our country.The legal protection of the embryo is helpful.