Research On The Legal Attribute Of Frozen Embryos And Proposal Of Legislative Consummation

Frozen embryos is a phased objectives that used artificial assisted reproductive technology for reproduction.It is an emerging thing produced in the process of vitro fertilization-embryo transplantation.“Frozen embryo competition case” in Yixing makes the discussion on the legal position of freezing embryos and whether it can be the inheritance mark the forefront.The law itself is lagging behind.In China,there is no regulation on the frozen embryo attribute in the current law.Instead,it is only involved in the departmental rules,which can not meet the needs of the complicated judicial practice.It is an inevitable requirement for the law to adapt to the social development by perfecting the legislation of frozen embryo,defining the legal attribute and regulating the relationship between rights and obligations.The top task of the legislation of frozen embryo is to define its legal attribute.What is the frozen embryo from the aspect of the law? Is it a person or a thing? Or is it an intermediate between a person and a thing? There are three main theories about the legal attribute of frozen embryo: the theory of "subject",the theory of "object" and the theory of "compromise"".These theories are all embodied in different countries and regions.Based on the relevant theory of frozen embryos at home and abroad,legislation and research on typical cases,this research conducts a comparative analysis of the legal attribute of frozen embryos.The dual attributes of frozen embryos is confirmed that it has both properties of things in civil law and contains certain personality attributes and the concept of “personalized thing” is put forward.Then it’s affirmed that the frozen embryos is a special objects in the civil law--“personalized thing”.The last part of the article is mainly about how to improve the legislation of frozen embryos according to the needs of the times from the principled proposal that legislation should comply with and specific recommendations.Principled proposal is the macro perspective which the whole embryo legislation should follow.The specific recommendations of the legislation is mainly the proposed specific recommendations that the legislative content and style of frozen embryos should follow.Different from the ordinary things in the civil law,frozen embryos have the potential personality.It is close with the reproductive rights for eggs and sperm providers.So legislation should focus on protecting the personality attributes and balance the interests of the parties.