Research On The Protection Of Rights And Interests Of Human Genetic Information

With the rapid development of genetic technology,the application of human genetic information continues to expand to more fields including biology and medical treatment,and the importance of genetic information is increasingly prominent.At the same time,illegal collection of genetic information,genetic information discrimination and other infringements have put forward a strong demand for the protection of genetic information rights and interests.It is particularly important to study the rights and interests of human genetic information at the legal system level.The theoretical research on the rights and interests of human genetic information is the cornerstone of legal system protection.Genetic information is different from general personal information,and its legal interpretation and rights attribute demonstration are the primary aspects,and legal interpretation should mainly emphasize its genetic characteristics.The justification of the rights and interests of genetic information can start from necessity,rationality,legality,and reality,and obtains external justification at the levels of ethics,legal theory,and legal practice respectively.On this basis,this article analyzes the internal legal relationship of genetic information rights and interests,with particular emphasis on expounding the internal power,including power distribution,rights and interests nature,rights and interests scope,rights and interests requirements and rights and interests restrictions.After solving the ‘what’ level of genetic information rights and interests in the legal system,the research on institutional construction should address the ‘why’ level.By examining the relevant legal system for the protection of genetic information rights and interests in my country,we can find that there are problems such as the fragmentation of the legal system and the need for refinement of legal regulations.This article draws on the direct protection model of the United States and the systematic protection model of Europe,starting from the aspects of clarifying the legislative expression and meaning,regulating the ‘use’ link,etc.,to explore the feasible path of my country’s genetic information system protection,in order to build a‘practical problem-legal interpretation-The dynamic system of judicial application’,thus contributing some theoretical ideas to the improvement of my country’s genetic information rights protection system.