On The Right Of Personal Genetic Information

The development of society,the improvement of people’s consciousness of rights,the symbolic characteristics of rights and the presupposition function of rights themselves create the possibility for people to create rights or claim rights constantly,and rights almost become a quick way for people to omit moral or legal discourse without considering the logical result of the right discourse being put forward.In the era of flourishing rights,we need to think carefully about the legitimate basis of new claims.Whether “the right of personal gene information ” can constitute a new type of right,its legal orientation is of great significance to solve the conflict of interest of gene information,only to make a clear judgment on the nature and status of “the right of personal gene information”,and fully demonstrate it,can we establish the proper foundation of personal gene information right and construct the system of personal gene information right.The purpose of this paper is to analyze the nature and judge the status of“personal genetic information right ”.Through the logical inference of rights and the analysis of the conditions for the creation of rights,this paper demonstrates the legitimacy of “personal genetic information right”as a right,and puts forward some ideas on the construction of system.Accordingly,this paper is divided into five chapters: The first chapter introduces“the right of personal genetic information”as an independent right,mainly introduces the concept generation,definition and origin of personal genetic information and the controversy over the legal status of the right of personal genetic information in academic circles.The second chapter uses Hofield’s theory of rights to presume the establishment of the right of personal genetic information by using logical analysis.The third chapter analyzes the conditions that the right should have,and proves that“the right of personal genetic information”conforms to the logical conditions of the generation for emerging rights.The fourth chapter discusses the nature of the right and constructs the right system of the right of genetic information on the basis of demonstrating that the right of personal genetic information is established.The fifth chapter tries to explore the legislation of “ the right of personal genetic information ”,analyzes the difficulties that the legislation of“the right of personal genetic information”may face,probes into the legislation practice of “ the right of personal genetic information ” abroad,and establishes the protection system of “the right of personal genetic information ”.