“代孕”的伦理挑战及法律规约研究
发布时间：2019-06-22 14:29
【摘要】：伴随科技发展的日新月异,如今人类孕育后代的方式日益多样化。历来为我国所普遍接受的生育方式是自然受孕,而由于先天后天多重因素的影响,不孕不育现象越来越普遍,代孕技术应运而生。目前,不断深入研究与应用代孕技术的同时,我国人工辅助生殖技术也不断得到拓展,这不仅发展壮大了生命科学,更为诸多不孕不育症患者带来了福音。但又不可否认在伦理界与法学界等领域备受争议的代孕对于我国传统生育模式的颠覆。当今,代孕面临着两大现实处境:它既具有极大的市场需求,积极服务于不孕不育人群;又面临伦理道德的声讨和法律政策的禁止,频频引发激烈的社会争议。作为一种潜在的社会需求,本文认为严格采取法律手段全面禁止所有代孕行为是不切实际的,反而可能带来一系列更为严重的问题,甚至于一些不法分子钻法律空子,导致法律禁令形同虚设。因此,只有将法律“外在性”不断地内在化,才能起到更好的效果。本文主要是从代孕的兴起与发展入手,详细阐述代孕问题的国内外研究现状,进而对代孕概念、基本种类等进行了深入细致的界定,对代孕引发的伦理及法律问题给予阐述,并通过将中国有关代孕的法律法规制度与世界有关国家或地区的相关法律规定进行比较,进一步揭示“代孕伦理问题”生成的根源与实质,并诠释我国允许代孕的合理性之处,在此基础上,提出在我国允许的法律规定范围内合理开放代孕的相关建议及对策,促进代孕技术的合理使用。既造福于不孕患者,又有利于法律及伦理的发展,更使科技的发展造福于人与社会的和谐发展。
[Abstract]:With the rapid development of science and technology, the ways in which human beings give birth to future generations are becoming more and more diverse. Natural conception has always been widely accepted in our country, and because of the influence of multiple factors of birth and birth, the phenomenon of sterility is becoming more and more common, and surrogacy technology emerges as the times require. At present, with the continuous in-depth study and application of surrogacy technology, the artificial assisted reproductive technology in China has also been continuously expanded, which not only develops and strengthens the life science, but also brings good news to many infertile patients. However, it is undeniable that the controversial surrogacy in the field of ethics and law subverts the traditional fertility model in China. Nowadays, surrogacy is facing two realistic situations: it not only has great market demand and actively serves infertile people, but also faces ethical and moral denunciation and legal policy prohibition, which frequently leads to fierce social disputes. As a potential social demand, this paper argues that it is unrealistic to strictly prohibit all surrogacy by legal means, but may bring about a series of more serious problems, and even some lawbreakers take advantage of legal gaps, resulting in legal prohibitions in vain. Therefore, only by continuously internalizing the externality of the law, can we have a better effect. This paper mainly starts with the rise and development of surrogacy, expounds in detail the research status of surrogacy at home and abroad, and then defines the concept and basic types of surrogacy in detail, expounds the ethical and legal problems caused by surrogacy, and compares the laws and regulations of China with the relevant laws and regulations of the countries or regions concerned in the world. This paper further reveals the root and essence of the generation of "surrogacy ethics problem", and interprets the rationality of allowing surrogacy in our country. On this basis, it puts forward some suggestions and countermeasures for reasonably opening surrogacy within the scope of the allowable legal provisions of our country, so as to promote the rational use of surrogacy technology. It not only benefits infertile patients, but also benefits the development of law and ethics, and makes the development of science and technology benefit the harmonious development of people and society.
【学位授予单位】：合肥工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D90-052
本文编号：2504668
[Abstract]:With the rapid development of science and technology, the ways in which human beings give birth to future generations are becoming more and more diverse. Natural conception has always been widely accepted in our country, and because of the influence of multiple factors of birth and birth, the phenomenon of sterility is becoming more and more common, and surrogacy technology emerges as the times require. At present, with the continuous in-depth study and application of surrogacy technology, the artificial assisted reproductive technology in China has also been continuously expanded, which not only develops and strengthens the life science, but also brings good news to many infertile patients. However, it is undeniable that the controversial surrogacy in the field of ethics and law subverts the traditional fertility model in China. Nowadays, surrogacy is facing two realistic situations: it not only has great market demand and actively serves infertile people, but also faces ethical and moral denunciation and legal policy prohibition, which frequently leads to fierce social disputes. As a potential social demand, this paper argues that it is unrealistic to strictly prohibit all surrogacy by legal means, but may bring about a series of more serious problems, and even some lawbreakers take advantage of legal gaps, resulting in legal prohibitions in vain. Therefore, only by continuously internalizing the externality of the law, can we have a better effect. This paper mainly starts with the rise and development of surrogacy, expounds in detail the research status of surrogacy at home and abroad, and then defines the concept and basic types of surrogacy in detail, expounds the ethical and legal problems caused by surrogacy, and compares the laws and regulations of China with the relevant laws and regulations of the countries or regions concerned in the world. This paper further reveals the root and essence of the generation of "surrogacy ethics problem", and interprets the rationality of allowing surrogacy in our country. On this basis, it puts forward some suggestions and countermeasures for reasonably opening surrogacy within the scope of the allowable legal provisions of our country, so as to promote the rational use of surrogacy technology. It not only benefits infertile patients, but also benefits the development of law and ethics, and makes the development of science and technology benefit the harmonious development of people and society.
【学位授予单位】：合肥工业大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D90-052
【参考文献】
相关硕士学位论文 前8条
1 方英;人类辅助生殖技术认知情况调查研究[D];吉林大学;2014年
2 陈晓萌;论我国代孕行为的法律规制[D];扬州大学;2013年
3 马清清;有限开放代孕的伦理和法律研究[D];昆明理工大学;2013年
4 席欣然;代孕法律规制的伦理研究[D];天津医科大学;2012年
5 李森;完全代孕合法化论[D];西南政法大学;2012年
6 刘姣丽;代孕的伦理审视[D];湖南师范大学;2010年
7 包郝斯巴雅尔;代孕父母子女关系的法律规制研究[D];内蒙古大学;2007年
8 翟婷;代孕正当性法理学研究[D];山东大学;2007年
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