| Science and technology as tools to humans to understand the world reducing human poverty,pains and suffering,improving the quality of life of human society,and lading a solid material foundation for better survival for development of mankind.Development of gene technology to human illness and death of intervention,as well as on human physiology," reform" has long been different from the past,and formatting challenges to human dignity in all areas of human,social order,ethics,legal system and other significant.As to regulate interpersonal relationships,maintaining social order and progress of legal responsibility,can not seriously address this new kind of situation and requirements.These questions point to a focus,and that is what the rights to human based on the gene.The author defines the related concepts of genes in the legal Point.Gene is the transliteration of gene,refers to a short charge of the genetic DNA,a DNA which can be manufactured by a variety of reactions of various proteins and to complete the life process,Each gene is a biological function of the body's most important components of the unit,which is the password of life,recording and transmission of the organism's genetic information that determines the organism birth,old age,sickness and death and all life phenomena.As the object of law,gene as natural resources mainly used as a certain economic vallue,which can bring profit and loss for the people and need to use legislation to protect.Genetic information is present in the nucleus of each person is revealed by gene or DNA and carries genetic information.Each person's genetic information is unique,and genetic information is genetic;Human gene technology is applied to the human to understand the technical instructions and pathogenic mechanisms entire life project,summarized,including diagnosis and treatment of disease taken for the purpose of genetic testing,genetic diagnosis,gene therapy and other medical measures of core technologies,also including genetic counseling,genetic strengthen,DNA vaccines,embryonic stem cells transplantation,forensic identification of genes,drug development of genetic engineering and other related technologies.Gene technology is widely used in the field of progressive health care,insurance,marketing,litigation,and its contact with the individual life and health,human dignity economic interests more closely,despite the human gene technology can bring benefits,gene research directly related to the nature of human life which lead to formation of significant challenges of ethics,legal system and social order.Studying on gene technology on the ethical legal system,social order respectively.Ethical risk of gene technology can be summarized in terms of human dignity,equality,security and the environment impact,etc.;legal problems of genetic technology development is epitomized in genetic research,the results of the use of medical and other activities in the equal rights of individual freedom,genetic privacy rights and the rights of attribution and so on.When fans of the human gene map completely revealed,clinical medicine will come to predictive medicine,the average life expectancy will reach the millennium.Gene technology development will bring profound social problems.Therefore,the application of gene technology is not a simply technical problem,but needing for ethical reflection and judgment.The key of ethical judgment is the concrete application of gene technology development and social progress of medical science what value and meaning,is considered the basis of evaluation from the perspective of bioethics in the respect for human life,quality of life and the right to life under the premise of the value of life,life and health,living environment,the value of life.Most fundamental problem of social controversy triggered by human gene technology is not a question of law,as it is the ethical question.Ethical norms are important to the regulation of gene technology.Facing ethical issues binged by many human genetic technology,we must first carry out an ethical analysis to explore the ethical basis.And then search approach adapted to problem.The base of the traditional teleological ethics is perfectionism,happiness theory and virtue theory.With the rapid development of modern science and technology,ethics research is not only concerned with human vision of the natural environment,but also on human life and even the general sense of itself.This prompted the traditional ethics from a "personality,virtue,goodness" as the core to a "righteous,norms" as the core of modern ethics.Humans have to admit that the development of science and technology to promote the ethics of the transition from traditional to modern.Western philosophers discuss the gene technology ethics and principles firstly.Basic principles of ethics of gene technology:the principle of autonomy,informed consent principle,the principle of justice,do no harm,favorable principle,the principle of confidentiality,benefit-sharing principles need to rebuild when they come with conflict between genetic researcher and sharers.starting from the legitimacy of the patent law,demonstrates the patent technical legal ethical legitimacy and ethical analysis based on the approach of Rawls theory about patent principles.The conclusion that the theory of justice in diverse biotechnology patent law as a guiding principle,is a good reference theoretical framework.The right to demonstrate the existence of genes rights as a new theoretical foundation and values.If human have rights of genes?Why gene rights are cherished?Surrounding controversy in academic,starting from change of social production firstly,analysis socio-economic background of gene rights,exploring the possibilities of exist of rights of genes on the legal basis.All rights are to produce form certain economic conditions as a basis,and leaving the economic conditions,the right can not to produce.Promoting the development of science and technology has changed people's legal awareness.Raise of human rights thinking is the result of scientific and technological development,science and technology development lead to changes in fundamental rights.With the development of science and technology,a new desire raised by a new environment,which could lead to new rights have been proposed.Genetic rights have been proposed by genetic technology development.From the "subject and object" in gene technology,starting with the analysis of the human gene complex legal status and property,the conclusion that human gene are not the property of a single personality or property,but has a dual material and information.Meanwhile,in a dynamic way to demonstrate the source of dialectical materialism rights of human genes,that issued tough on science and technology innovation,rooted in the demands of the gene of interest,rooted in the need for protection of human dignity,ethics,and through analysis of the basic rights,rights,human rights,discrimination.Combining with the legal basis of the properties of the human genome that draw a conclusion that genetic rights has characteristics of fundamental rights,and a new integrated basic human rights is based on the gene produced.Meanwhile,from private property point of view,genetic rights is a bunch of personality rights,including genetic privacy,the right to equality,gene property rights,the right to information and others.Next,detailed study on specific to the subject,object,content and specific form of the gene.Thinking the main rights of human genes is very extensive,can be divided into individual subject,which is the collective body.Object of right are genes,gene specific content rights is mainly genetic resources and genetic information.Finally,after study on the theory of rights,discusses the protection of the rights of the human.We must use the law mechanism to turn abstract right to the real life of the people.The constitution makes clear the principle of human dignity is the core value of constitutional basic rights and increase law of protection of fundamental rights related to the human gene technology research.China currently has no real sense of the law,should establish a "gene technology",as the basic law in this field,to the guiding role of other relevant gene legislation.The development of human gene technology brings problems of gene privacy which needing specification and corresponding adjustment.The author investigates the gene protection of human rights and relief system mainly on ethics and economics as a tool beyond the conventionally interdisciplinary perspective.Constructing the relevant damage mechanisms in responsibility ethics perspective.Damage should be the responsibility of the socialization of damage compensation,and the legal adjustment of the relationship has changed from single mechanism to composite mechanism-Specification.In our country,it is proposed make an application of damage by the medical liability insurance and setting up the related public compensation fund for compensation.Biotechnology damage compensation fund system is a kind of transcendence and breakthrough of tort relief system. |
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