Restriction On The Freedom Of Scientific Research In Human Stem Cells Research

Stem cells are able to self-renew and differentiate.Stem cells research includes theoretical research and clinical research,which involve protection of embryos and protections of participants respectively. Freedom of scientific research is a constitutional right, which includes freedom to choose research topics, freedom to choose research methods, freedom to conduct scientific research and freedom to express academic ideas. The freedom of scientific research is of dual properties of defense right function and beneficial right. Restriction on the freedom of scientific research is based on the Constitution. Restriction on the freedom of scientific research on theoretical and clinical stem cells is of legitimacy jurisprudence: protection of human dignity, conflicts between freedom of scientific research and the right to life, the right to health, and the right to privacy,and constraint of public interests. Recently there are some problems of restriction on freedom of stem cells research in theory and practice area. On the basis of learning from the experience of extra-territorial legislation, China should enact a special Stem Cell Research Act. To restrict freedom of scientific research involves human stem cells, we should comply with the principle of human dignity, prinzip des gesetzesvorbehalt, principle of proportionality; build industry rules,double institutional censorship and penal system to restrict the freedom of scientific research.To review the constitutionality of restrictions on freedom of scientific research on stem cells, it is essential too choose different reviewing standards based on the extent of restriction on the right to scientific research.