人工生殖技术立法的基本构想

人工生殖技术的立法规范通常可分为两个层次:一是如何确定人工生殖子女的法律地位,二为管制层面。基于此,本文提出以“(人工)生殖目的”为主要标准、“子女最佳利益”原则为补充来确定人工生殖子女的法律地位;同时,人工生殖技术作为一种补偿性的生育手段,应当以“公平原则”和“禁止权利滥用原则”相结合规范其适用。

Basic Conception on Legislation of the Technology of Artificially Aided by Conception

Usually,the legislation standard of the Technology of Artificially Aided by Conception may divide into two levels.One is how to determine legal status of the Children of Artificially Aided by Conception.and the other is its controlled level.Based on it,the article proposed that ought to take "the Goal of(Artificial) Reproduction" as the main standard,and take the Principle of"the Best interests of the Children" for supplemented to determine legal status of the Children of Artificially Aided by Conception;Also believed that,as one compensative birth method,the Technology of Artificially Aided by Conception ought to be combined "the Principle of Fairness"and"the Principle of Prohibition of the Right Abuse"to standardize its use.