Research On Attribution And Disposal Of Frozen Human Embryos

With the contemporary medical has been rapid development,artificial assisted reproductive technology used widely.It has solved the fertility problems of most infertile families,and met the need for cryopreserved embryos for scientific research.Unfortunately,the resulting is the human frozen embryos of dispute over ownership and disposal of company intractably.At present,there are three relevant laws and regulations in our country--Measures for the management of human assisted reproductive technology,Ethical principles of human assisted reproductive technology and human sperm bank.These laws cannot effectively regulate and manage the application of artificial assisted reproductive technology.Moreover,it can not satisfy the mediation and resolution of related disputes.The human frozen embryos dispute representatives and embodies the modern science and technology development of our contemporary legislation put forward new problems and new challenges,that prompt us to think about the private law attribute and private law status of frozen embryos,and how to design rules for its ownership and disposal from the perspective of private law.The purpose is effectively standardizing the medical application of artificial assisted reproductive technology,reventing and resolving similar disputes effectively,guiding and guaranteeing the development of medical technology.Law is rooted in the society.In the face of social development and human assisted reproductive technology have put forward new problems and new challenges,we must have a positive response,find the in-depth analysis demonstration,scientific,perfect relevant legal system,and make our country civil law to perfect and develop continuously.Exactly,we focus on the ownership and disposal of cryopreserved embryos,try to design of our country human frozen embryos private ownership and disposal of law rules.It provides enlightenment for Chinese scholars on relevant research and theoretical guidance for judicial practice.The specific study from four aspects:Firstly,the status of private law of human frozen embryos is analyzed.There are three views on the legal status of human frozen embryos in Chinese academic circles:subjektstheorie,objectstheorieand mediation theory.We believe that the object theory is more consistent with the private law orientation of it.Meanwhile,it has different area of the particularity of the other object,such as ethicality.Therefore,it is appropriate to define it as ethical object.The problem of private law ownership and disposal of human frozen embryos and the design of its rules are solved.Secondly,the ethical basis of ownership and disposal of human frozen embryos is discussed.It is a kind of ethical object,when considering its ownership and disposition,must be based on ethics.From an ethical point of view,especting for human frozen embryos for good disgraceful consideration conforms to our country and ethics requirements.From the point of view of the fear of life ethics,we are the body on the ownership of the frozen embryos and disposal requirements--must respect the life characteristics.We discussed the importance of its for Chinese families from the family bloodline.Thirdly,the rules for the attribution of human frozen embryos are designed.Though,it has an ethical character,private law must define it as an object's attribution.In view of Chinese,human frozen embryos to meet the needs of the husband and wife give birth to children,according to the husband and wife marital status and living condition of double standard rules of frozen embryos belongs to the human body for analysis and design.Including the divorce of husband and wife,the death of one or both of the husband and wife or is declared to be missing.Finally,the disposal rules of human frozen embryos are analyzed.Its disposition is different from that of general objects,and the different disposal methods should also apply to different rules.Therefore,concrete analysis discussed its embedded rule,destruction and donation rules.To standardize the disposition behavior of the disposition subject and realize the purpose of maintaining the social ethical order.