Study On The Legal Attributes And Disposal Rules Of Human Embryo In Vitro

The development of science and technology brings people not only the richness of material conditions,but also the traditional legislation,which means that it will face a major impact.The rapid development of artificial assisted reproductive technology and the blank of legislation have led to the complexity and uncertainty of the handling of such disputes.The accurate definition of the legal attributes of human embryos in vitro is the root cause of this problem.From the arguments of the subject,the object and the middle,the scholars of our country have also put forward their own views,and they have their own opinions.At this stage,they are still at the stage of debate.This paper mainly explores the problems by discovering the problems,the reasons for these problems,and how to solve them.By comparing and analyzing the current mainstream views,the main body,the object theory and the intermediary theory,the trade-offs are made,and the foreign labor assistance is compared.The legislation of countries with advanced reproductive technology demonstrates the feasibility of the human embryo in vitro as a"personality".It draws on foreign experience and envisages special legislation for human embryos in vitro,affirming that it is protected by"personality"above the general object.And establish a special supervision agency to supervise the whole process of'artificial assisted reproductive technology implementation.First of all,through the 2014 Yixing Frozen Embryo Case in Jiangsu Province and the Single Disposal Embryo Dispute in Hubei Province in 2017,the problems to be solved in this paper are put forward,and the controversy about human embryos in vitro is summarized.The legal property of human embryos in vitro is What and how these embryos are disposed of in different situations.Secondly,it compares the advantages and disadvantages of the main body,the object theory and the middle theory put forward by scholars at home and abroad,and compares the research on the special legal attributes of human embryos in vitro in France,Japan,the United States and the United Kingdom.The impact and the object's open space of"personality",under the"human-material"two-point pat'tern,through the demonstration that the human embryo in vitro is not a"person"in the legal sense.essentially belonging to the"object"and"personality"The proposal can protect the special personal interests that it has,and determine the feasibility of defining human embryos in vitro as"personalities."Thirdly,the analysis of the excellent legislations of France,Japan,the United States and the United Kingdom,which are leading the level of artificial assisted reproductive technology,and the comparative analysis of the legal attributes and disposal rules of human embryos in vitro,France gave the special human embryos as"biological people".Protection;although not explicitly stipulated in Japan,it also gives"soft-softening"protection for human embryos in vitro;the views of various states in the United Stales are inconsistent,and there are different modes of protection under the contract model,the simultaneous agreement model and the benefit measurement model:The embryo's special protection status has established an in vitro human embryo and research management system.On the basis of the"personality" theory,we discuss the rules of China's disposal of human embryos in vitro under different conditions.The"personality" is proposed to integrate the in vitro human embryo into the existing legal system,and to protect it on the general object,allowing the autonomy of the genital couple to possess and use.but prohibiting the proceeds.Different treatment rules are followed during the marital relationship,when the couple is divorced,when the couple is killed,or both couples die.Finally,through the previous argumentation analysis,the author proposes the future regulatory rules of human embryo in vitro,draws on the British in vitro human embryo and research management system,and makes spec:ial legislation on human embryo in vitro,and clarifies the special attributes and disposal of its"personality".Rules,improve the punishment rules for illegal operation in assisted reproductive technology,and establish a special in vitro human embryo supervision department.