Research On The Right Of Human Genetic Resources

The development of modern biology technology has spurred the progress of gene technology therapy,and promoted the commercial value of human genetic resources to become more prominent.Due to geographical isolation,economic development and other factors,China’s human genetic resources are very rich.However,the protection of human genetic resources in China is urgent because of the serious loss of the human genetic resources.Human genetic resources mainly include physical samples of human genetic resources and related information,whose main characteristics include compounding,regionalism,group dependence and ethics.Under the background of the system and economy,the awakening of human rights to their own genes and the state’s claim to genetic resources have emerged.According to different national conditions,there are national approval model,ethical review model and standard contract model.There are many problems to be solved in the governance model of human genetic resources in China,but the fundamental problem is that the legal status and ownership of human genetic resources are still ambiguous.There is little research in this field in China.The study of science and technology law should be based on the full study of interdisciplinary knowledge and return to the research on basic theory of law,instead of totally divorcing from natural science.Human genetic resources are not only the object of property rights,but also the object of personality rights.In terms of natural science theory,it can be concluded that human genetic resources should belong to the common wealth of all mankind.However,in terms of the close connection between genes and individuals,it should be considered that human genetic rights belong to individuals,and relevant persons enjoy certain right of informed consent.Repository manager,users and the state have the obligation to protect human genetic resources.