西南石油大学学报(社会科学版) ›› 2015, Vol. 17 ›› Issue (2): 87-91.DOI: 10.11885/j.issn.1674-5094.2014.06.13.07

Previous Articles     Next Articles

The Basis,Practice and Direction of Legal Regulation of Genetics Research

Yang Yu - fan   

  1. College of Law,Southwest University,Chongqing,400716,China
  • Online:2015-03-01 Published:2015-03-01

Abstract:

Man’s study on biological genes provides them with law meaning. However,in addition to enhancing man’s ability
of modifying nature,genetics studies contain great danger. Ambiguity of gene researcher identities,insufficient protection of
interests of research subjects and the uncertainty of research results are likely to trigger a series of contradictions and entanglements,
and even destruction. Laws have certain regulation on the practice of genetics research,mainly including: principles of
gene research by the international human genome organization in the Statement on Principled Conduct of Genetics Research;
the restriction of genetics research fields by UNESCO in Universal Declaration on the Human Genome and Human Rights and
by European Parliament in the additional protocol to the ban of human cloning. However,practice shows that those regulations
are not enough to resist the impact of genetics research on humanity. In regulating genetics researches by law,it is important
to strike a balance between the development of science and technology and human security,to emphasize the subjectivity of
human and objectivity of gene,and to keep balance between selectivity of the parent generation and offspring autonomy so as
to realize intergenerational justice. Only with clear direction and a more comprehensive legal regulation can genetics researches
be more beneficial to human.

Key words: genetics research, genetics, the right to gene, Universal Declaration on the Human Genome and Human Rights,
genetic discrimination