gene the right to private law justification and analysis of the value（基因的权利私法的理由和分析的价值）.docVIP

Gene the right to private law justification and Analysis of the value Keywords: rational human gene gene the right to human dignity, personality interests Summary: The human genome is essentially a personality interests by law to explain the path to generate the genetic concept of the right of private law in private law, Gene rights are the rights of people based on their particular genes, belonging to the scope of moral rights, gene right to equality, autonomy of genes, genetic privacy, genetic publicity rights and other the gene publicity rights with the property attribute, is an extension of the gene moral rights inalienable rules, open only the use of gene personality interests materialized. Gene the right to legitimacy is based on the natural essence of the right source of law and the method of gene the right value lies in the recognition of human dignity and personality interests of the maintenance, technical rationality of experience. I. Introduction The development of gene technology allows human beings to grasp at the molecular level understanding of possible, the resulting major challenges on the series Law: in the end the human genome contains what may be the right? What is the rational basis for this right? subject whether and how to realistically enjoy these rights? ... These questioning that attributed to the legal status of the human genome human genome “character property” (in the main object of the context of existing legal theory and legal framework, can (and body separation) special Personality property. but can not forget the primary attributes of the human genome is personality, followed by its physicochemical and applicable rules of inalienable property property subject to further discussion: the possibility of such personality and property as in a certain context intermediate state between a subject and object? “see Wang Kang: lt;lt; bit Glen management perspective, the legal status of the human genome - the main object of the ba