Research On Legal Problems Of Human Placenta

The placenta is a kind of human organ, formed in the womb of the pregnant woman. Before the birth of the fetus, it is a part of the body, belonging to the area of body right. But it is also a special human organ. Not like the most human organs, when separated from the mother body, the placenta doesn't influence the integrity and the health of the mother. Human placenta separated from the mother has no attributes of the object of the body, its legal attribute is the matter on the civil law. But at present, this attribute hasn't been recgonized by the law. Moreover, since human placenta has been a part of the body, as the matter on the civil law, it has some special attributes, carrying the personality factors and ethical factors. Thus, it is necessary not only to recgonize the human placenta's legal attribute in legislation, but also to make unique regulations on the disposal of it.The first part of thesis introduces the current status of the disposal of human placenta and the harm brought by disorder in this disposal, analysis the current status and the deletion of the legal regulation on the disposal of human placenta, and the the currrent status and the deletion of the research on the disposal in jurisprudence, make clear the importance of understanding the legal attribute of human placenta.The first half part of this thesis' second part analysis the legal attribute of human placenta, builds up the concept that the human placenta is not only a matter, but also the special matter on the law, locates the placenta' matter personality. The second half part starts with the definition of the ownership of the human placenta, focusing on the difference between the human placenta and medical waste, the relationship between human placenta and medical contracts, the jurisprudential basis of the the ownership of the human placenta, demonstrated the correctness of the theory the placenta belong to the pregnant woman.In accordance with the legal question on human placenta, the third part bring forward some suggestion about basic and concrete regulations. Sothat, the disposal of human placenta is consistent with not only the interests of human beings, but also the public order and good morals.The forth part is a conclusion, briefly summarizing all the arguments of this thesis.