LI Cheng  Journal of Sichuan University ( SocialScience Edition)  2011(1)

Abstract: Laws concerning tophysical examination in public servant recruitment do not forbid genetic test completely.However, in view of the Principle of Proportionality, such a test should bepicked out for violation of principles of minimum injury and break-even.Administrative organs in charge of public servants recruitment shall decide whetherapplicant is physically qualified solely based on “General Standards for PublicServant Recruitment(Trail Implementation)”, without referring to his or hergenetic status, even known before examination.

This article can be divided intofour parts:

1, The first part is the introduction.It includes a brief recommendation of gene technology and a case study. Thiscase is the first case of genetic discrimination in China.

2, The second part discusses theborder of administrative inspection right in recruitment examination. Are individualgenes within the scope of examination? It includes two parts. The first one isthe legal bounday of administrative inspection in examination, the second oneis the ideal boundary of administrative inspection in examination.

3, The third part introduces theprocessing rule to different gene types in recruitment examination. Do thecarriers of the disease-associated genes should be qualified in physicalexamination?  The author thought that theadministration didn’t have the privilege to reject the carriers of thedisease-associated genes detached from the legal provisions.

4, The forth part analyses thelegal methods to deal with the genetic testing and genediscrimination in recruitment examination. The author suggested that ourcountry could use overseas experience and prevention model of HBVdiscrimination for reference publish departmental rule to forbid the genetictesting in civil service recruitment examination and discrimination act basedon gene.