Abstract: Under the background of biological industry being the engine of national economic development, the economic value and strategic significance of human genetic resources have appeared increasingly. So it’s urgent to legislate it for protection. At present, there are two theories in terms of the definition of human genetic resources in academic world. The one is “object theory” and the other is “non-object theory”. Actually, human genetic resources is a kind of thing between human being and object. And its significance of human personality is greater than its object meaning. In the existing international legal documents, human genetic resource is defined as mankind’s common wealth and heritage. However, this definition is too symbolic. In reality, both the nation and the individual have the corresponding rights to human genetic resources. And these rights should be protected by law. Currently, China’s legal protection for human genetic resources has obvious insufficiencies, and corresponding countermeasures should be taken to improve it.

Human genetic resources are the material basis for human reproduction and development, and the most precious wealth on the earth. Protecting genetic resources is one of the important contents of implementing sustainable development strategies and constructing a harmonious society. It is also an important foundation for the continuous progress of life science research.

Human genetic resource is a kind of thing between human being and object. And its significance of human personality is greater than its object meaning. Based on this, human has the right to dispose the part of his or her body. However, the right is under control, which means the dispose should obey the bioethical norms.

Although existing international legal documents formally define human genetic resources as human common wealth and heritage, they should define national sovereign rights and individual rights of human genetic resources. This is not only an objective need for effective protectionof human genetic resources, but also an inevitable choice for most developing countries which have rich human genetic resources and poor technology.

As a country which has rich human genetic resources, China already has ability to exploit and utilize human genetic resources. However, under the name of science research, some western companies use the lack of legislation to steal precious human genetic resources in China. It is necessary for china to promote the legislation on human genetic resources, especially those important and promising resources.