Wang Kang   Journalof Anhui University (Philosophy and Social Sciences  2014,38(2)

The right of gene publicityis the result of the right of publicity be object to the human genome. Itrefers to a personality right which is enjoyed by natural person. It enablespeople to reasonably exploit and utilize themselves specific genes and sharebenefits equitably. Property claims on human genes are the legal and policyfocus of gene publicity right;”Shared justice” provides the legal foundationfor the right of gene publicity; the moderating of “gene altruism” is its ethicalbackgrounds; the “biological value” in the genetic medical study provides theeconomic logic; and these factors has become the legal justness foundation of theright of gene publicity. The border of gene publicity right is the rationalcommercial utilization of gene personal benefits. Firstly, it can’t be againstthe human dignity. Secondly, it can’t infringe stakeholders’ gene personalbenefits. Thirdly, it was limited by public policy, public interests andspecial legal restrictions. So, in order to deal with the problems in thecommercial utilization and interests sharing of human gene, the norms of the rightof gene publicity should be established in the future civil law.