| Frozen Embryos is a much more sophisticated technology in solving fertility problems than before.Its development brings good news to those infertile couples and makes more people realize their dream of being parents.However,with the good it brings,it also produces some legal issues,like the legal nature and ownership of frozen embryos.There is no clear and precise definition or regulations for those problems in our legal system.There are three theories on the legal nature of Frozen Embryos appearing in the circle of international academic research:it is a subject in the civil activities,it is an object in the civil activities and it is an "resonance" in the civil activities.A few people study this topic in the academic research circle of China and they put up several ideas,such as taking embryos as "organ" of human and regarding it as property;some think it is an "resonance".So far,the legal nature and ownership of the frozen embryos have not been clearly defined by any laws or regulations in China.The "Frozen Embryos" case in Yixing,Jiangsu Province produces great dispute around the nation.Many of controversy cases that arose by some artificial reproductive technology bring disputes on the ownership of tube baby and frozen embryos,which needs the regulation of laws.Therefore,the legislature of China should make laws as soon as possible to regulate the legal nature and ownership of frozen embryos.It is the most important thing to make the laws and enact them.In this thesis,based on the study on the development,related precedents and theories analysis of Frozen Embryos at home and abroad,the author come out his own ideas on making laws of the legal nature and ownership of frozen embryos.The thesis is divided into four parts:The first part is to introduce frozen embryo development in the country,first introduces the basic principles of frozen embryos and technology,as well as its several commonly used methods of cryopreservation,then briefly discusses the application of technology in the field of frozen embryos,including human assisted reproductive technology application as well as the protection of endangered mammals application level;The second part is to elaborate domestic legislation on the legal nature of frozen embryos,theory and jurisprudence,and to compare the relevant legislation from abroad,theory and jurisprudence,mainly through a brief academic viewpoints and abroad,followed by typical cases at home and abroad their verdict is analyzed,and frozen embryos should be an ethical matter with a future personality attributes;The third part of the ownership rights of frozen embryos analyzed to demonstrate through a case,a detailed statement of views in this article on the legal nature of frozen embryos and rights ownership,combined with foreign judicial practice to put frozen embryos should be disposed of both spouses,in when a consensus can not be reached,no person shall dispose alone,in addition,put frozen embryos is allowed only under special circumstances inheritance,and inheritance subject to certain restrictions;fourth part of the legal nature and rights of frozen embryos belonging to propose legislation and summary.Among them,the second,third and fourth part is the focus of this paper,one at home and abroad for academic theory and jurisprudence can support many of the ideas in this article and demonstration,and second,some frozen in these theories and jurisprudence,based on the proposed legislation and the legal nature of the rights of ownership of embryos proposal,but also hope the legislature can be introduced as soon as the relevant laws,specifically the rights of ownership and legal nature of frozen embryos in order to reduce unnecessary disputes. |
