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BIOTECHNOLOGY. MEDICINE AND LAW生物科技医学与法律 版权信息
- ISBN:9787562084204
- 条形码:9787562084204 ; 978-7-5620-8420-4
- 装帧:一般胶版纸
- 册数:暂无
- 重量:暂无
- 所属分类:>
BIOTECHNOLOGY. MEDICINE AND LAW生物科技医学与法律 内容简介
本书是围绕现代生物科技的发展带来的伦理和法律问题,包括基因技术与人的平等权、基因治疗的应用的伦理学与人格尊严、生物医学发展中的知识产权问题、生物数据库与个人隐私权开展研究和讨论。本书主编为长期从事人权法学和医事法学研究的专家,本书作者来自中国、法国、荷兰、英国、加拿大、美国等国家,均为在该领域内有长期研究和建树的专家。
BIOTECHNOLOGY. MEDICINE AND LAW生物科技医学与法律 目录
Part One The Protection of Genetic Data from the Comparative Perspective
PROTECTION OF GENETIC INFORMATION IN EUROPE AND IN FRANCE
STUDY ON THEORETICAL BASES OF INDIVIDUAL FREEDOM FROM THE
PERSPECTIVE OF PROTECTION OF GENETIC INFORMATION
DIRECT- TO -CONSUMER GENETIC TESTING ON THE INTERNET: COMPARISON BETWEEN
THE LEGAL FRAMEWORKS IN FRANCE AND IN CHINA
THE RIGHT ATTRIBUTE OF THE GENETIC INFORMATION: A KIND OF COMPOUND
INTEREST
LEGAL CONNOTATION AND BOUNDARY OF GENETIC AUTONOMY RIGHT: IN THE BACKGROUND
OF POPULATION GENETIC DATABASE
Part Two Biotechnology and Bioethics
PATENT AND BIOTECHNOLOGY
ETHICAL AND LEGAL FRAMEWORKS FOR EMBRYONIC STEM - CELL BASED RESEARCH
IN FRANCE AND IN EUROPE: ACHALLENGE FOR BIOTECHNOLOGY
HUMAN DIGNITY IN THE LEGAL REGULATION OF HUMAN GENE TECHNOLOGY
INTRODUCTION
THE ASCRIPTION OF RIGHTS TO FROZEN EMBRYOS AND RULES ON EXERCISE
OF RIGHTS
HEALTH AS AN EMBODIMENT ACROSS LIFE COURSE= FROM CELL TO
INTERVENTION
Part Three Medicine and Law under Opportunities and Challenges
IN NEED FOR A MODERN DAEDALUS? THE CHALLENGING REGULATORY PATH
FOR MARKETING GENE THERAPY MEDICINAL PRODUCTS IN CHINA AND
EUROPE
BIOSIMILAR OR BIO -GENERIC IN E. U, FRANCE, CHINA EXCLUSIVE RIGHTS IN PHARMACEUTI-
CAL INDUSTRY
LEGAL ISSUES OF INTERNATIONAL MEDICAL TOURISM TO CHINA
PROTECTION OF INTELLECTUAL PROPERTY AND TRADITIONAL CHINESE MEDICINE=PATENT
SYSTEM IN CHINA
A COMPARATIVE STUDY OF MEDICAL MALPRACTICE LIABILITY BETWEEN CHINA AND
FRANCE
BIOTECHNOLOGY. MEDICINE AND LAW生物科技医学与法律 节选
《Biotechnology, Medicine and Law 生物科技、医学与法律》: 2.3. The Property Interests of Genetic Information. Through the analysis of the phenomenon of right related to the attribute of genet-ic information. The analysis involved in genetic information rights is not only the per-sonality interests. With a detailed analysis of the the oretical system of personal in-formation protection, it is not difficult to find that except starting from the angle ofindividual autonomy, the reasonable expectation interests and trust interests relatedto genetic information is the important content of the protection, and has a profoundthe oretical origin, but one of the key issues of the protection of genetic information which can not be avoided is the maintenance of the property interests. An important point of view is the care of genetic information in those implied in the advanced theo-ry and practice of legislation. Except for the tradition of protection of personal infor-mation in the United States and the United Kingdom, Wagner, an American scholar,in his “French privacy theory development” c i J , James Q. Whitman “Two kinds of privacy culture in Westem country: dignity and freedom;and Jeanne M. Hauch “the French privacy protection-the existence and development of the theory of Warren and Brandeis in France” [ 3 J . Three articles reveal the content which also can not be ignored. According to Professor Whitman‘s view, an important tradition in France is that nobles often asked people to open their property status, including real estate security, and this unopened appeal often got approved legally. The main-tenance of personal information, is parallel with the French Revolution and the French news media. With France’s introduction to the freedom of the press system and freedom of speech are advertised and development, the lives of citizens by the threat of danger is also getting increasing high. Jacobin (Jacobin J r so me p e tion)believed that it was essential to consolidate the achievements of the French Revolu-tion, protecting civil rights, not only to maintain the freedom of speech, but also to safeguard citizen's private life from infringement. In his initiative, article 17 of French 1791 constitution provides that “ behavior of defamation or infringe upon the private life of others, based on the prosecution of others, the actor’s behavior should be punished. “ At the same time the French constitution of 1791 information only changed for the protection of the aristocrats, subject has extended to the scope of ordinary peo-ple, consolidating the protection of the rights of citizens by legal reform. Another French scholar who made outstanding contributions to the protection of privacy rights is Pierre Paul Royer Collard. In 1819, he puts forward a famous judg-ment that their private lives must be separated by a fence. This thesis not only be-come the French direct reference to the the oretical basis in the later judicial practice of 19th century, but also directly promote the development of mainland right of priva-cy theory. Thus, the maintenance of citizens always existed in the social life of France,and form finalized as an important outcome of the French Revolution in the constitu-tion of 1791. But for a long time, on the study the process of history in France priva-cy protection has not been clear, the main reason is that, as an important content of civil law, the origin of the right of privacy is largely dependent on academic works of civil law scholars. The French civil law scholars did not show great interest on the right of privacy theory. ……
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