The Research To The Legal Status Of The Frozen Embryos

The first part introduces the biological phase that the frozen embryos in and their main features when analyzing the present development situation of artificial reproductive technology.Upon this research the author will account for the relationships between the frozen embryos and IVF and embryonic cell research system to illustrate the reason why the legal attribute on frozen embryos consider the effect on reproductive technology. On this basis,the author introduces the basic structure of the traditional civil law in our country to suggest that the frozen embryos should be be given special treatment for their particularity.It is not proper to treat them as natural person or objects;The second part summarize the legal attribute of frozen embryos formed in academic circles.In these theories, the main body, object and intermediates theories are mainly said.The main body subject is adopted for outside scholars when they starting to from the relevance of frozen embryos and legal person so as to give the right of life and personality dignity. However,the object theory said that frozen embryos should be on the res, but most scholars admit its particularity, so they classify the frozen embryos to the scope of the ethical content, personality or special content. While intermediates said that frozen embryos should not belong to the civil law on the people or things and in terms of using its legal properties they shall be conducted by legislation of special specifications. The author advances its claim based on this that the frozen embryos should be treated as intermediates for their special protection;The third part sum up the rights of oblige e on the basis of the frozen embryos as intermediates, indicating the written consent of the husband and wife to exercise disposition principle. When couples can't agree, it is indispensable to distinguish the cause of the fail to reach an accord, or both sides of husband and wife heir different disposition. Then we should to put forward the necessity of establishing the mechanism of frozen embryos destroyed in our country, and the frozen embryos after birth shall have the right to retrospective ability put forward their own opinions.In particular,this author argues that frozen embryos after birth shall have the Inheritance and legacy rights that began when they are still frozen embryos and the rights to claim damage payment and the child support payment to the inf-ringer;The fourth part summarizes the main content of the full text and the relevant legislation related to frozen embryos in our country.On the basis of summing up our country represented by yixing dispute frozen embryos disposition of frozen embryos in judicial judgment problems that may occur between points the author put forward the solution.Finally, the author put forward specific legislation suggestions for our country in the future to solve embryonic problems.Finally, the author summarize the graduate student life and express gratitude to the teacher who give her carefully guide and the helpful students.