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On The Law Protection Of Human Gene Privacy

Posted on:2011-06-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q SongFull Text:PDF
GTID:2166360308958058Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The final value for research on human gene is to protect life and improve health by disease prediction, diagnosis and treatment. At the same time, we should treat gene correctly, because gene has a great value in use as a potential, vast reservoir of"energy"resource. If gene could be used in an appropriate extent of legal and moral constraints, it will play a huge role for the benefit of mankind; or otherwise,it will result in disastrous consequences for human. Dual gene use value reflects its value is inestimable and so difficult to assess. Just because of this, we have to legislate to guide and restrict the researches and uses of gene in a correct way ,so as to avoid the negative impact and consequences for human.Individual's genetic privacy has important social value. Especially in today's society which science and technology is rocketing. By the development of genetic technology, Genetic Privacy has been severely violated and abused,to protect Genetic Privacy through legislation is an extremely urgent matter. Since we are still blank in legislation for this,it's quite necessary to make a theoretical sort-out on the protection of Genetic Privacy from law aspect.And it contributes to make theoretical preparation for the legislation on Genetic Privacy.This article applies the methods in law theory,legislative science to carry on a close and thorough juridical analysis of Genetic Privacy's legal protection.Firstly,to definine human genetic privacy, explain the significance of protecting the genetic privacy legislation from the social, political, economic dimensions.Secondly, to refer to foreign Genetic Privacy Legislation, Combining the specific situation in our country to carry on genetic privacy legislation Mode Selection. Thirdly,to start considering legislation by coordinating the conflict of the genetic privacy and information right about gene. At last,to introduce a "reverse discrimination" system to try to strengthen efforts to protect genetic privacy legislation.This article includes three parts:The first part will discuss that as a legal study of genes is different from as a biological study of the genes . Analysis the contents, subject and object, and legal characteristics of Genetic Privacy.It will emphasize that the significance of protection human's genetic protection legislation. The second part will analyse the specific measures in our country's juridical protection of genetic privacy and prominent problems that we are facing. To investigate the status and mode of our people's genetic privacy protection.The third part will lay stress on explaining the thoughts on legislative arrangement of protection of genetic privacy. The author's bring forward establishment the "reverse discrimination" system is by analysising the coordination the conflict between the genetic privacy and informed right about gene.
Keywords/Search Tags:Gene, Genetic Privacy, Legislation, Rights Conflicts, Reverse Discrimination
PDF Full Text Request
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