Research On Legal Attribute And Inheritance Of Frozen Embryo

Having children means not only the continuation of individual life and the inheritance of family blood,but also the development of human society.However,in today's supplies an unprecedented era of rich,the contemporary young people facing academic,employment,pressure from their own emotions,to buy a house and food safety of electronic products,environmental pollution,radiation and so on various aspects of social pressure,they are quietly through the contemporary young people's physical and mental health,soaring proportion of infertile couples.However,with the rapid development of medical science and technology,assisted reproduction technology,namely the application of new technology of frozen embryos,brings the Gospel to infertile couples.However,due to the lag of law and the blank of legislation,the emergence of legal disputes is inevitable.As the first case of frozen embryo dispute in China,the Yixing frozen embryo case in 2014 has aroused wide concern in the society and heated discussion in the theoretical circle.Taking the Yixing frozen embryo case as the starting point and combining the judgment of the first instance and the second instance,this paper discusses the controversial focus of this case,that is,the legal attribute of frozen embryo and the inheritance of frozen embryo,and then puts forward its own opinions,hoping to be helpful to the relevant legislation of frozen embryo in the future.This paper is divided into four parts: the derivation of the problem,the legal property of frozen embryo,the inheritance of frozen embryo,and the conception of utilization after the inheritance of frozen embryo.The first part is the introduction of the problem.By sorting out the beginning and end of Yixing frozen embryo case and combining with the focus of disputes in the second trial,it points out that the legal attribute of frozen embryo is not defined clearly and there are two legal gaps in the inheritance of frozen embryo.The second part is the legal attribute of frozen embryo.Firstly,this paper lists foreign theories on the legal attribute of frozen embryo.Secondly,itsummarizes and analyzes three main domestic viewpoints: subject theory,object theory and compromise theory.The third part demonstrates the inheritability of frozen embryo and puts forward some Suggestions for the specific system design of frozen embryo inheritance.The fourth part puts forward the conception of frozen embryo inheritance,properly opening surrogacy and establishing frozen embryo adoption system.