The Protection of Human Embryo under Criminal Law

• Main Authors: WU, HUI-JONG, 吳蕙蓉
• Other Authors: WANG, NIAN-YEN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/39fdey

碩士 === 東吳大學 === 法律學系 === 106 === With the continuous innovations of reproductive technology, scientists have gradually unveiled the mysteries of human embryos, such as the stable development of artificial reproduction, the progress of Preimplantation Genetic Diagnosis, and the rapid development of embryonic stem cell research, making scientists all eager to engage in reproductive technology, life science and technology. However, these studies also kill many embryos or fetuses at the same time, or cause damage or destruction of embryos, triggering a series of ethical and legal disputes, and forcing countries to face and resolve related disputes. However, we still don’t know "whether or not" and "how" the Constitution and J.Y. Interpretation protect embryos over the years. There is no consensus on embryos protection in our country. Therefore, this thesis attempts to find the best way to protect"embryos" under the law. However, the main question is: "What is the legal status of the embryo?" People may agree that the embryos should be protected and should not be arbitrarily treated as a "thing" or "property". But the questions “why do we protect embryos?” and “whether to see embryo as a subject?” remains unanswered. Accordingly, this thesis will discuss the reasons for the protection of embryos, such as whether protections of human dignity is a good reason, and whether it’s a right way to protect embryo under criminal law. Also, this thesis will introduce the protection of embryo in different countries to provide some perspective on embryo legislation in our country.