Study On The Disposal Of Frozen Embryo

There are many kinds of diseases in the global population.Infertility is also one of the serious diseases that plague people.Although it usually does not cause direct physical illness,it psychologically affects couples who are eager to have children Cause a lot of trouble.Due to changes in the natural environment,accelerated pace of life and social pressures and other reasons,the proportion of infertility in the population continue to increase in the world population,about 10% of the population has the problem of infertility,As the largest country in the world in terms of population,this proportion is very large among our population.It is in such a background of fertility that the whole process and result of the inheritance of embryos in Yixing,Jiangsu province have drawn great attention from all walks of life and triggered the legal attributes of the frozen embryos among the people and scholars,how to supervise and whether they can inherit Discussion of other issues.Advances in medical technology have solved the plight of seeking infertility for many infertile couples,but advances in medicine have also brought challenges to the law and have created many legal challenges that many laws can not readily characterize.The resulting legal gaps,So that in the face of real cases,the court can not rule the verdict.The development of frozen embryo transfer technology in our country has a short development time.At present,the legal norms of the frozen embryo transfer are only legal norms with low legal level such as departmental rules.The main purpose of these departmental rules and regulations is to standardize the behaviors of related medical institutions,The legal status of the embryo and the right to regulate the punishment.Therefore,in order to solve the most important legal qualification of frozen embryos and disciplinary rules,this article explains the following aspects:The first part mainly introduces the case of Jiangsu Yixing embryo and the trial situation of the two courts in this case.Through the understanding of the case and the interpretation of the judgment,this article concludes the focus of controversy and analyzes the focus of dispute and concludes that the focus of the dispute is prominent The legal problem,the legal status of frozen embryos.And how to deal with the specific problems of transplantation,inheritance,donation and destruction of frozen embryos on the basis of both law and reason.The second part tries to define the legal attributes of frozen embryos by reviewing the case of Yixing embryos.The subject said that the object said that the intermediary is the current introduction of frozen legal status of the three main doctrines.First of all,introduce the current three theories on the legal status of frozen embryo,namely the subject said that the object said and intermediary.Among them,the subject is divided into limited natural persons,and the legal person says and the personality carrier says that the object said that there are also views on property and ethical things.Based on the analysis of the three main doctrines,we conclude this article that the legal attributes of frozen embryos should insist that the embryo is inheritable and can be disposed of,and the frozen embryo should be regarded as an ethical object,so that not only the embryo Of the special status,to facilitate its special protection,but also can be based on the legal attributes to establish a reasonable system of handling frozen embryos.The third part of the freezing of embryos in adhering to the general principles of civil law at the same time,based on the special interests of its own personality,there are some special principles.The principle of public order and good morals is the consistent principle to deal with the problem of frozen embryos.The guiding principle is to insist on people-oriented and beneficial to the protection of offspring on the basis of adherence to public order and good customs.The principle of special respect is the concrete manifestation of the principle of public order and good morals on the protection of frozen embryos,Adhere to this principle should be strengthened to strengthen the ethical supervision of frozen embryos and prohibit the sale of embryos trading to curb the trend of its commercialization;Followed by the principle of autonomy of rights holders,the function of frozen embryos is to help the donor couple to realize the reproductive rights,the frozen embryos should be based on the autonomy of rights as the basis.On this basis,the principle of confidentiality of patients’ privacy should be based on the legitimate rights and interests of patients.However,the abuse of power should be prohibited on the basis of guaranteeing the legitimate rights and interests of couples.In the fourth part,based on the principle of determining and disposing of frozen embryo’s legal attribute,this paper discusses the rules of specific disposal of frozen embryos,and on this basis,establishes the rules system of frozen embryos in our country.The first is that the husband and wife have the right to dispose of the embryo on the basis of the right to reproductive rights.In particular,when one party is unwilling to continue to realize the right to reproductive rights,the handling of frozen embryos should adhere to the principle of respecting the interests of one parent and should not be forced to be a parent;Or the rules of inheritance of embryos at the time of death,we must first look at whether there is an ex ante agreement between husband and wife,and secondly,if one of the spouses dies,the surviving party should have complete inheritance rights to the frozen embryos.In the event of the death of both spouses,the specific succession rules are determined by the immediate relatives of the donor’s husband and wife;the frozen embryos are disposed of or left alive.The donor couple may choose to donate it to scientific research institutions,but the scientific research institutions should meet the relevant qualification of the state.For long-term nobody interested in the embryo,that is,"ownerless embryo," the issue of disposal,the state may be prescribed after a certain period of time to implement certain procedures to its unified destruction or donation.Finally,we put forward the legislative suggestion on the basis of the discussion on the rule system of frozen embryo punishment.The frozen embryo should determine its legal attribute,the principle of punishment and the rule of punishment in the field of civil law,so as to provide the foundation for the legislation of artificial reproductive field in our country.