| Summary: | 碩士 === 國立中央大學 === 法律與政府研究所 === 101 === The current regulatory mechanism concerning research behaviors of human’s embryonic stem cells in Taiwan are the Artificial Reproduction Act and the administrative directive “Ethic Policy Guidance Governing Human’s Embryo and Embryonic Stem Cell Research” only, so Taiwan’s regulatory structure is not sound. There was a draft of the “Human Embryo and Embryonic Stem Cell Research Act” proposed by the Executive Yuan, which was aborted in the Legislative Yuan since the bill’s examination periods were not consecutive; nevertheless, its regulations met the basic requirements for compliance with the principle of legal reservation for restraining research behavior by a county under the rule of law, and demonstrated the government’s attitude towards the regulation it intended to adopt and the future trend of control, which is to control behavior through command-and-control policy.
As opposed to such command-and-control policy, the U.S. Federal Government uses subsidization as the regulatory mechanisms, with which it has set up application criteria and adopted the “Federalwide Assurance (FWA)”, followed by utilizing the market mechanism to attract researchers to comply with relevant procedures, and finally achieve the policy’s goal. This is an example of using economic incentives as the policy tool. In practice, Taiwan uses the rules of conduct set by its executive authorities as the guidance standard for the country, in regard to offering budget subsidies. This mode has some similarity to the regulatory mechanisms long adopted by the U.S. Federal Government.
Regarding the issues of how Taiwan shall develop related studies, cultivate researchers and further showcase its technological strength in the international arena, laws and regulations play an indispensable role in pushing advancement. Hence, for embryo and embryonic stem cell research control, this paper recommends that Taiwan should refer to the U.S. Federal Government use of subsidization to maintain control, concurrently enact exclusive laws according to the control atmosphere regarding Taiwan’s research behavior, and add a reasonable transitional mechanism to the existing subsidies. By so doing, the related research behavior can be truly regulated and government subsidies can be fairly and effectively distributed.
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