Study The Legal Property Of Human Embryos And Succession Issues

Today due to the impact of various factors, many couples it is difficult to conceive naturally. At this time, In vitro fertilization- embryo transfer techniques have emerged to break the reproduction of human fertility, On the one hand many infertile couples to bring the Gospel to meet their parents wish, on the other hand because of the marital relationship unpredictable turn of events may occur in the technology implementation process, this time, the frozen legacy of "embryo" is may be a source of disputes arising. How reasonable solution to many legal problems of human frozen "embryos" will bring, we will become the face of challenges. Many countries have conducted a study and related regulations. China’s first human frozen "embryos" inheritance dispute case- "Jiangsu Yixing frozen ’embryos’ inheritance dispute case" as a typical representative of the problem, one of the core of the problem is how to accurately identify frozen "embryos" legal property, This paper also will use this case as a starting point, based on the analysis of relevant legal norms, institutions, case on humans frozen "embryos" legal definition of property and inheritance issues related to analysis and discussion.The article is divided into four parts, first of all, the article begins by "Jiangsu Yixing frozen ’embryos’ inheritance dispute case," the brief reveals major problems, as reflected in the case that the human beings frozen "embryos" legal property in the end Why? Frozen "embryos" can become the subject of inheritance? In the case of both spouses have died, and who is entitled to decide involved frozen "embryos" how to dispose of? Subsequently, the second part of the article against humanity frozen "embryos" legal property in the end why this issue from two aspects, one describes the three main theories in the world currently, are "subject", "the guest said " " agency, said, " Despite the claims of these three theories vary, but is reflected in the legislation of different countries and regions, judicial practice, the article also selected some representative cases of this justice to be fully discussed, and its Two articles and from theoretical research, legislative and judicial practice describes the status of the three angles of this research on domestic issues. Then, the third part of the article, by Commentary on the preceding three mainstream doctrine, that "subject", "the guest said," each of these two theories exist to some extent, irrationality, and "intermediary say" Frozen human "embryos" legal property identified as "non-human non-material" is both an intermediary entity identified on the basis of reasonable human frozen "embryos" made its own characteristics, but also with the identification of the basic national conditions of China’s current institutional policy and ethics, but also to meet the needs of medical research, thus believe that the adoption of "intermediary say" more reasonable. Finally, the fourth part of the article analyzes the frozen "embryos" can become the subject of inheritance? And in the case of both spouses have died, and who is entitled to decide involved frozen "embryos" how to dispose of? Combined with the current existing "Inheritance Law" provisions of China that will freeze after the death of the two sides left infertile couples "embryo" as a legacy to be inherited is unreasonable, and that the two sides are usually infertile couples heir of both parents in line with existing case law, the right to decide how to dispose of the surplus left over frozen "embryos." The author answers to the above questions, in order to hope to be able to practice human frozen "embryos" to solve issues related help.