Study On Embryo's Civil Case Corpus Problem

How to protect embryo's benefits is an old for a thou but again novel topic.There are many problems about embryo all over the world.In China,there're many cases about the right of embryos too.It's necessary for us to study on embryo's civil right.This text is about 33,000 words, drawing up to divide four parts to discuss the embryo's civil case corpus problem.In the first paragraph it introduces the cause of the civil case corpus problem and studies value. Embryo's problem originates in Rome, "part of the mother" and "as the same as have already been born"is two kinds of representative standpoint.By analyzing them, the writer pointing out that, although the ex-standpoint occupies a predominant position, in fact, this mode exist a great deal of exception. Study on embryo's problem is not nonsense or only the argue of different scholars.On the contrary, it has the important theories and realistic value. To make a thorough research on the problem of the civil case corpus position of embryo is the request of comprehending and developing the civil case corpus which is the basic concept of civil law, is also the realistic request that we need to solve the embryo problems.The second part of the article introduces the different modes of protection of embryo benefits, respectively is the sum-up mode, the individual mode and the absolute mode.Suming-up mode thinks, while involving embryo's benefits, the embryo have the civil right ability, this mode is adopted by Switzerland, Thailand and Taiwan province,China; the individual mode denial embryo's right ability, but ruled some special circumstances, this mode is adopted by France,Germany and Japan; The absolute doctrine denies the right ability of embryo completely, this mode is adopted by former Soviet Union and our country.The third paragraph comments our embryo the basic theories and fulfillment of the civil case corpus.In protecting the lawmaking mode of embryo's benefits, what our country choose is an absolute doctrine, absolutely denying the embryo's right ability.Some scholars thinks the embryo should have the right ability naturally, but most scholars pay attention to the discussion that under the existing mode, how to making the protection to embryo's benefits maximize.But the civil law can't do an overall protection to the embryo, this makes the court can't inquisite the case as one man.The forth paragraph thinks that the absolute doctrine is rigescent, denies the right ability of embryo completely; the individual mode have already become disjointed with realistic circumstance to the provision of some and special circumstance.These two kinds of modes all have already can't satisfied the realistic demand of the protection of embryo's benefits.But the sum-up mode can protect embryo's benefits with maximum limit, can show the respect to the human nature and the life, can adjust the current of the civil law progress, meet the request of establishing the law construction and the morals system construction in our country,is the best mode that our country should adopt.We should innovate our civil theory,reform our mode and change the way in the practice.At last, the writer hopes that we the scholars should work together to solve the problem of embryo.So the civil law can protect the right of the embryo effectively.