Wang Kang LawScience (Journal of North west Institute University of Politics and Law)2011(5)

Abstract: Human gene is a part ofpersonal interests，essentially．Theconcept of the genetic right can be generated in private law by legal interpretation．In private law，geneticright belongs to the right of personality which is based on the subject’s specific gene，including the rights of genetic equality，autonomy，privacy and publicity． The right of genetic publicity has the property attributes，butthe publicity is just the materialization of the interests of genetic personality． The legitimacy ofgenetic right is based on the natural right，theessential sources of law．The values of genetic right include highlighting human dignity，protecting personal interests，guiding technicalrationality and so on．

This article can be divided intosix parts.

1, The first part is introduction.It simply introduces the existing legal study on genetic right. Then it introduces the structure of this article.

2, The second part is the legal explanation of genetic right. It introduces how the concept generate. First of all it quotes the concept of genetic right from professor Yan Juean. Then itsets forth the nature of gene from the aspect of biology and philosophy. Theauthor think the nature of gene is a realistic personality interest. Finally,it demonstrates the generation of legal concept of genetic right through interpretation methods.

3, The third part is the legal appearance of genetic right. It introduces how to describe the meaning. It presents the characteristic and content of genetic right. The features of geneticright includes that the subject of it is multiple; it is a class concept; it is a new type of right which intersected with a varity of basic human rights; it is a right of personality combined the passive and active personality. The content of genetic right includes the right of equality, autonomy, privacy, publicityand so on.

4, The forth part is the legal logic of genetic right. It introduces why it is the private right. The author thinks that the logical basis of the genetic right is objective law and natural right. The author draws on Locke’s theories to explain his point of view.

5, The fifth part is the legal value of genetic right. It introduces the effect of regulation. Honoring the human dignity is the fundamental legal values of genetic right. Safeguarding the personality interest is the core legal values of genetic right. Challengingthe technical rationality is the important legal values of genetic right.

6, The sixth part is the conclusion.