Analysis Of Legal Attribute Of Frozen Embryos

The case of frozen embryos in Yixing has aroused much discussion in our country.As one of the artificial assisted reproductive technologies,IVF has revolutionized the treatment of infertility.In the process,the resulting frozen embryos cause a lot of problems,especially in the case of the breakdown of marriage and the death of the donor of frozen embryos.The emergence of this technology has made it difficult for the court to decide.For instance,it is difficult to determine its attribute.And we don't know if we should use law of property or persons.In addition,it is difficult to determine how to deal with frozen embryos after the changes in the relationship of the person concerned,etc.These are unprecedented challenges in the court.Through the study of these legal problems,we hope to find some basis and put forward our own views on the legal attribute and disposal of frozen embryos.In this paper,literature,comparative analysis,historical analysis,case analysis and other research methods were used to study the related theories and systems of frozen embryos at home and abroad.It is found that the system of frozen embryos in China still needs to be discussed in depth,which has not yet formed a clear legal document,and the relevant judicial practice is also in the exploratory stage.There are three main theories about frozen embryos in academic circles,namely subject theory,object theory and intermediate theory,among which the subject theory has the greatest protection for frozen embryos.The most typical subject says that frozen embryos have life and certain rights from the beginning of self-fertilization(or implantation).This view extends human rights forward.If the fetus is born alive,life begins with fertility(or implantation).And if it is not born alive,it does not have rights from the beginning.But the view's shortcoming is also clear,that is,there are great difficulties in the identification of appearance and exercise of rights in both embryos and fetuses.It is unacceptable to treat them as complete human being,so the subject theory is becoming more and more subdued.The traditional object theory treats it as a pure thing,and the lack of attention to the value of life also makes this view slowly withdraw from the stage of history.The views of ethics,personality and special things developed by scholars in our country have been innovated in the view of object theory.They pay attention to the particularity of frozen embryos while treating them as objects,and give them special protection.It can not only solve the problem of inheritance,but also maintain the life and ethics of frozen embryos,whichis supported by more and more scholars.The intermediate theory qualitatively considers frozen embryos to be the intermediate of human being and non-human being,which also pays attention to the protection for frozen embryos,so it is also supported by a lot of scholars.Its biggest obstacle is that it will impact on the traditional personality-property dichotomy system.Through the understanding of the process of human evolution,it can be found that person and things are not natural antagonism,and there are many organisms in the middle that cannot be divided into human being and cannot be easily returned to things.The emergence of these biological entities from the human body,especially frozen embryos,opens the door to new classifications.Based on the material personality factors,these human organs and tissues related to human life,body and health are characterized as intermediates between human being and substances in this paper.Through the analysis of its intermediate attribute and the related right holders and their interests,we can make reference to the personality law and the property law to find out the appropriate disposal rule.The right of supervision and disposition in the judgement of Yixing frozen embryos case also provides guidance for the attribute and disposal of intermediates.The organisms between human being and things are similar to personality objects,all of which exist objectively rather than invented by human being.The development of science requires the law to analyze and confirm the nature of new things in law and establish supporting disposal rules.Only in this way can we better guide people's behavior.