The Rights Design and Institution Arrangement of Genetic Testing Technology: With Analysis on Legalization of Chinese Bioethics in Bioethics Globalization

摘要

Considering from the viewpoint of legal practical reason, the essence of a serial of ethical and legal issues brought in by life sciences technology is, how legal practitioners apply their reason to the procedure of choosing justifiable actions. To put it in detail, it means on the basis of overall holding the structure of Chinese society benefits and deliberating the inertia of Chinese traditional ethics, how legal practitioners balance the benefits of every aspect and take proper actions, so as to fulfill a good interaction between life sciences technology and social norms system in China and then realize the terminal goodness of human beings finally benefit human beings and their living environment. Considering that life sciences technology is a new kind of sciences and technologies which can bring a ethical shocking, in order to solve the above problem, to fulfill a good interaction between life sciences technology and social norms system in China, it should be commenced with the following five points: (1) strengthen the independent R.N.D. capacity of biological industries; (2) unveil and cross-examine the hidden factors of ethics and value; (3) establish a new social ethics and value system; (4) legalize bioethics norms;(5) introduce a flexible ethics restriction institution. In order to expound and prove the aforesaid viewpoint, this paper taking genetic testing technology as the case, according to the trend of bioethics globalization,linking up with the statements and declarations of international organizations, it takes designing correlative person's rights of genetic testing technology and establishing a more systemic and comprehensive legal system as the entrance to argue bioethics legalization of genetic testing technology in Mainland China, and then tries to find out the main contradictions in bioethics field. Afterwards, taking reconciling the contradictions and solving the problems as the purpose, it tries to extract the pivotal issue of bioethics and manages to find out the ways of solving this problem. The reason for choosing genetic testing technology as the case to analyze is: as the frontier technology of the 21st century, genetic testing technology not only is guiding and common in sciences and technologies, but also can reflect the characteristics and scientific risks of life sciences technology comprehensively. Furthermore, it has already been market-oriented in China. The further development and application of this technology will give rise to the reinvigoration and rebirth of medical diagnosis and put forward the realization of individualized medical treatment. However, the current market-oriented of this technology is conflicted with the traditional ethics view of human beings and influenced the social stabilization terribly. Thereof, with the point of view on designing rights of the correlative person of genetic testing technology, this paper tries to construct a more systematic and comprehensive legal system, and then taking it as the clue to argue the present situation of bioethics in China.