Study On Artificial Reproduction Disputes In China Mainland And Diversified Mechanism For The Corresponding Settlement

Artificial reproductive technology as a new type of assisted reproductive technology in solving problems of human infertility has played a very important role, but with the wide application of this technology, which triggered the dispute also frequent. When disputes occur, how to resolve disputes, protect the legitimate rights and interests of the parties, has become a serious problem. Because China has not yet introduced specific legislation, and there are also many disadvantages in artificial reproduction of existing solutions. In view of this, it is necessary to clarify artificial reproduction legal issues and build diversified real settlement mechanism.This paper is divided into five chapters. On the basis of the concept of artificial reproduction disputes, it discusses the types and characteristics of artificial reproduction dispute, analyzes the domestic and foreign legislation and the shortcomings of existing solutions about artificial reproduction disputes, and specifically addresses the resolution of artificial reproduction dispute in mainland of China.On the basis of thi, we can build and improve diversified settlement mechanism to solve artificial reproduction dispute.The first chapter is the introduction of the research background, significance, research status, research ideas and research methods of this paper.The second chapter discusses artificial reproduction dispute. Artificial reproduction dispute refers to the dispute by the use of artificial reproductive technology. Because of different subjects, their natures are not the same, both in civil disputes or criminal disputes and administrative disputes. This study commits to civil disputes of artificial reproduction. Artificial reproduction involves many aspects,and its procedure is relatively complex.So types of artificial reproduction dispute are also complex. Given the special nature of artificial reproduction dispute, which is different from the process in resolving civil disputes in general, it is very difficult to resolve this question, so it is imperative to build a new settlement mechanism.The third chapter analyzes the situation related to resolve artificial reproduction disputes at home and abroad, and reviewes current two main ways of resolving such disputes in China. For artificial reproductive dispute, common law and civil law countries as well as China’s Hong Kong and Taiwan have gradually introduced the relevant laws, but legislation is still in the absence of mainland state. And there are some problems in litigation and reconciliation. Litigation judgments have not unity.It is bad for protecting the privacy and emotion of the parties. It is difficult to guarantee success rate and the fairness of reconciliation, and the effectiveness of the reconciliation agreement are in doubt.The fourth chapter focuses on the theoretical study of diversified settlement mechanism of artificial reproductive dispute. Given the characteristics of artificial reproductive dispute, current Legislation and the disadvantages of litigation and reconciliation, diversified settlement mechanism can not only compensate for lack of litigation and reconciliation, while being able to meet the different needs of the parties. Diverse legal concepts, diverse demands and complicated relationships provide the possibility.The fifth chapter gives some suggestion for building and improving diversified settlement mechanism of artificial reproduction dispute. Under the guidance of the principle of the best interests of the child, the principle of good faith, the principle of public order and good morals, ethical supervision principles and the principle of confidentiality, establishing the concept of diversification of dispute resolution; we can put litigation as the final barrier, perfect reconciliation system,and build mediation mechanism.At the same time, we must accelerate the development and improvement of legislation of artificial reproduction, achieve mutual connection and beneficial interaction between the various settlement mechanism, and coordinate the relationship between ethics and law of artificial reproduction.