基因信息民法保护问题研究-民商法学专业论文.docxVIP

AbstractThe Abstract The legal protection of genetic information is global issue．We should define the legal state of genetic information to protect the interests of natural person．The author holds the opinion that the genetic information should be protected by genetic privacy right．The conflicts between genetic privacy right and other rights should be solved rightfully． Part is about the basic concepts of genetic technique and the law issues it brings out．There are three main law questions：how to protect genetic resource，how to protect natural person’S legal right to gene and how to protect genetic technique． This article is mainly about the first two questions． Part two is about how to protect natural pemon’S legal right to gene．To solve this problem，the author thinks it is reasonable to resort to genetic privacy right． Based on the analysis on characters of gene and general theories of privacy,the author proves it feasible． Part three is the concrete analysis of genetic privacy．The author points out that genetic privacy right is different from other privacy right．The subject and object of genetic privacy fight are peculiar,SO it has its own elements oftort．The author gives a full direction to fault，tortious conduct，losses or damages，causal connection between tortious conducts and damages． Part four is about genetic discrimination．It is not doable to apply the same treatment to both the carders and the non—carriers．because it will distort fimdamental ofcommercial insurance．It iS alSO lack oftheoretic and realistic foundations to do SO Meanwhile，we shouldn’t expect commercial insurance to bear the same responsibilities as social insurance since this may cause a new inequity．The justice regulations for solving genetic discrimination in the field of insurance should be： allow insurance companies to use genetic information and the State should take in hand the responsibilities of social insurance to help the carriers． Part five is about legislative suggestion．Firstly,a