| Summary: | 碩士 === 國立成功大學 === 法律學研究所 === 95 === Because of potentiality of embryo development and ethical disputes, researches on embryonic stem cells are paid much attention extensively. Comparing with some other countries, such as Germany and United Kingdom, it is obvious that there are clear regulations to regulate researches on embryonic stem cells, but only draft bills and decisions of ethical committees in Taiwan. Since it is involved with researcher’s freedom of research and embryo’s rights or interests, hence only draft bills and decisions of ethical committees will not enough to regulate these related activities.
Conventionally, while fetching embryonic stem cells, donor embryo is often damaged to unable keep alive, and this is the reason why this method is so highly criticized. Is an embryo a human being? Does an embryo have constitutional rights, such as human dignity, right to life, and right of personality? These questions are hard to be answered. Facing these different challenge and dilemma, researchers also try to find out some other new methods to acquire embryonic stem cells. For example, these cells could be obtained from earlier 4-cell stage, and generated from nuclear transfer-derived pluripotent embryonic stem cells originated from cloned Cdx2-deficient blastocysts.
However, with these newly developed methods, if there would be no more concerns or doubts on related constitutional principles? Efforts here are made on constructing a protection system for embryos, including focusing on the methods of harvesting embryonic stem cells with either conventional or newly developed ones. According to the constitutional rights and protection system of embryos constructed here, plus categorized methods of obtaining embryonic stem cells, constitutional permission of research on embryonic stem cells are examined in this thesis.
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