Study On The Legal Attributes Of Human Frozen Embryos

In 2014,the first case of human frozen embryo inheritance right dispute was decided in the people's court of Wuxi city of Jiangsu province,which went through the trial of the court of second instance.From the judgment of the court of first and second instance in this case,the court of second instance made a very different judgment,the focus of which was essentially to define the legal attribute of human frozen embryo.The court of second instance gave human frozen embryos a higher moral status than non-living ones,ultimately recognizing the shared custody of the deceased's parents and the right to dispose of the remaining frozen embryos.Although this case as a judicial precedent has a guiding role for our future judgment,our country is not a case law country,the judgment result of this case is not equally binding on other cases.This case reflects the lag and absence of legislation in dealing with human frozen embryos.Therefore,in order to resolve the practice of frozen embryo-related disputes,the legislature should formulate laws to clarify the relevant issues.The existence of human frozen embryos is closely related to the current infertility problem.As the product of artificial assisted reproductive technology,it not only brings good news to infertile couples,but also makes an important contribution to the development and progress of human society.Therefore,it is of great significance to study the problem of frozen embryos in human body,the most fundamental of which is to clearly define its legal attributes.Because the current laws in our country do not have a clear and clear provisions in this field,it is urgent for the legislature to issue regulations and improve relevant laws and regulations as soon as possible,so as to better guide similar problems in practice and protect people's legitimate rights and interests.The text analyzes the problem by studying a series of domestic and foreign relevant jurisprudence and theories,and makes a summary and summary of the problem and puts forward some simple personal views in combination with the current situation of legislation development at home and abroad.In this paper,case study and comparative analysis are used for analyzing the legal nature of frozen embryos,including introduction,text and conclusion.The introduction part introduces the legal background of this paper,taking the frozen embryo inheritance case and the abandoned frozen embryo tort compensation case as the background and opportunity.The first part of this paper mainly expounds the development of frozen embryo technology,its concept and forming process,and enumerates the current laws and regulations related to frozen embryo in the world.In the second part of this paper,we summarize the main academic viewpoints in the world through comparative analysis.At present,there are three different viewpoints in the field of legal genus of frozen embryos:subject theory,object theory and compromise theory.This paper introduces these three theories and analyzes the advantages and disadvantages of these viewpoints in the third part.According to the actual situation of our country,the frozen embryos are defined as ethics,which is the basis to analyze the ownership of frozen embryos in different situations.The innovation of this paper is that the author discusses the legal properties of frozen embryos from multiple dimensions,not limited to the single dimension of law.At the same time,the author has read a lot of foreign literature in the process of collecting information,and provides some reference for the definition of this problem by comparing the relevant foreign legislation on frozen embryos.