Private Law Protection Of Genetic Rights

With the developm ent of gene technology,the im portance of hum an genes has been highlighted in medical,commercial,insurance and optimal fertility.And with the development of gene technology,gene and people freedom of human rights,health,the relationship between the personality independence,identity affection is in creasingly stable,and the legal status of the gene in today's society is also growing.But how should the civil law protect genetic rights in the current situation? How to rem edy the infringement of relevant rights? Is it approp riate to protect genetic rights within the scope of human rights law? Or is the law of property and intellectual property a better choice? In fact,legal scholars have dif ferent understandings and Suggestions on gene rights.And use traditional civil law for the gene right content analysis and interpretation,we may safely draw the righ t type of gene theory deve lopment direction,such as "genetic theory of personality right directio n" "genetic" theory of property rights "gene intellectual property theory direction" direction of the theo ry of "the wealth of hum an genes" and "pan body theory direction".Gene is shall be incorporated in the category of personality right law,especially the gene is still can be seen as separated from the body after a personality right attr ibute,under the protection of the personality right law constraints,and etc.These are personality right legislation and theoretical research have to face the important topics.In view of the above,in this paper,the problem of private law to protect right of genetic research,the article in th e paper th e integrated use of the knowledge of the jurisprudence,the gene right protection in China was disc ussed the status quo,and to analyze the current existing pr oblems and disadvantages;In the end,the article puts forward some views and views on how to construct the private law protection of genetic rights in China and how to improve the legal protection system of genetic rights.This paper mainly focuses on the following aspects:Part one,introduction.The original intenti on and basic situation of this study are explained,and the background of this research is given.The second part is the overview of genetic rights.This chapter focuses on the concept of gene rights,the basic characteristics and the rights related to the genetic right,so as to pave the way for deepening the research content of this paper.The third part,the genetic right of domestic and foreign legislative analysis.By sorting out the practice activities and benefici al practices of foreign countries in the legislation of gene rights,this chapter m akes an in-depth discussion.At the end of t his chapter summarizes the right of foreign ge ne code of civil law of our country the legislation of right to gene and reference,and put forward the opinion of their thinking,in order to promote our country provides the reference for the legislative protection of right to gene.The fourth part,the constr uction of the genetic right private law system.This section is the right of genetic value from the social basis,legal basis for the feasibility of legislation,etc,and put forward the direc tion of thinking,and on how to build the private law protection system of right to gene,from the gene right legal attribute,build content and gene right of pers onality attributes of countermeasures and Suggestions are put forward.It is suggested that the gene tic code should be form ulated in order to protect the rights of genes in the system of human rights.It is suggested that the genetic rights should be protected by establishing the genetic contract terms.It is suggested that the protection of genetic ri ghts should be strengthened by applying the principle of presumption of fault in tort liability.All in all,this paper ta kes the basic understanding of right to gene as the breakthrough point,through the comparison between the domestic and foreign laws and regulations on the rights of genetic research,and put forw ard the point of view,think genetic type for other independent persona lity right,can for m an independent personality right,the right co ntent and right attribute has particularity,and on the basis of further explore how to constraint the exercise of the right of genetic and protection.