Research On The Law Of Human Frozen Embryo Inheritance

The first case of dispute over the ownership of cryopreserved embryos in China has drawn wide attention from the academic community.This paper takes"cryopreservation embryo" as the research object,takes its legal attribute as the research foundation,discusses and analyzes various theories existing in the academic circle,and then demonstrates the viewpoint of this paper.After determining the legal attribute of frozen embryo,the inheritability of frozen embryo is analyzed,and then the basic principle of inheritance right is defined.On the basis of adhering to the basic principles,this paper puts forward specific restriction rules,which is divided into four chapters.Chapter one takes the first case of succession dispute of cryonics embryo as the starting point to analyze the case itself and the legal issues involved in the first and second trial.Taking "frozen embryo" as the research object,the object theory thinks that the cryopreservation embryo has the basic property of object,which can be characterized as the object of civil legal relationship.The juche theory holds that cryopreserved embryos have personality attributes and are in the initial stage of life,which should be protected by law.The compromise is that cryopreserved embryos are in a "non-human" state,a special existence somewhere in between.After the introduction and comprehensive analysis of the advantages and disadvantages of the three theories,this paper adopts the viewpoint of "object theory".It is believed that cryonics embryo belongs to special "personality",which is mainly analyzed and demonstrated from three aspects:the concept of property right itself,personal specificity and irreplaceability.Chapter two in determining the body after frozen embryos belongs to the special"personality",in which its can be inherited mark whether it is can be inherited,according to this theory mainly exist negation and affirmation two ideas,on the basis of the analysis must be said,from the Angle of three negative rejected:negative said the narrow understanding of legal concepts,against social ethics,and the thinking about the limitations of embryos.Chapter three after determining the inheritability of frozen embryos,considering the special genetic genes of cryonics embryos,it is particularly important that the successor should adhere to the principle of inheritance.This paper mainly analyzes from the principles of public order and good custom and t he principle of prohibiting the abuse of rights.On the other hand,abuse of power is prohibited from a negative perspective to prevent irrelevant infringement.Chapter four clarifies the specific limitation of the right subject under the premise of following the basic principle of inheritance.This paper mainly analyzes and demonstrates the restriction of succession,inheritance mode and time limit of frozen embryo preservation,and determines that the right of inheritance can only be exercised within the limitation.To sum up,the inheritance of frozen embryos in China should be based on the specific national conditions and the political and economic development of our country,draw on the advanced experience of foreign countries,and constantly improve the relevant legal system of frozen embryos.