生物技術(shù)的發(fā)展為人類解決疾病防治、人口膨脹、食物短缺、能源匱乏、環(huán)境污染等一系列問題帶來了希望。但同時(shí)在科學(xué)研究、開發(fā)、生產(chǎn)和運(yùn)用中造成對(duì)人類健康、生態(tài)、倫理、法律等的有害影響?寺〖夹g(shù)對(duì)我國(guó)現(xiàn)有的民法和刑法帶來巨大的挑戰(zhàn);基因技術(shù)的發(fā)展和應(yīng)用有可能危及到對(duì)人的本質(zhì)以及與其相關(guān)的人道、人性等問題的重新認(rèn)識(shí),還會(huì)引發(fā)基因的隱私權(quán)、知情權(quán)及基因歧視等法律問題!渡锟萍肌⑨t(yī)學(xué)與法律》以英文撰寫,主要圍繞現(xiàn)代生物科技的發(fā)展帶來的倫理和法律問題,包括基因技術(shù)與人的平等權(quán)、基因治療的應(yīng)用的倫理學(xué)與人格尊嚴(yán)、生物醫(yī)學(xué)發(fā)展中的知識(shí)產(chǎn)權(quán)問題、生物數(shù)據(jù)庫與個(gè)人隱私權(quán)開展研究和討論!渡锟萍、醫(yī)學(xué)與法律》主編為長(zhǎng)期從事人權(quán)法學(xué)和醫(yī)事法學(xué)研究的專家,《生物科技、醫(yī)學(xué)與法律》作者來自中國(guó)、法國(guó)、荷蘭、英國(guó)、加拿大、美國(guó)等國(guó)家,均為在該領(lǐng)域內(nèi)有長(zhǎng)期研究和建樹的專家。
It is our great pleasure to introduce this book, the fruit of the cooperation be-tween the Law School of Shandong University and the INSERM Unit 1027 of Paul Sa-batier University.
This cooperation was organized in the context of the Hubert Curien partnershipwith China, Program Cai Yuanpei, coordinated by Campus France. Both teams hadresearchers interested in health law and bioethics. The originality of the program liesin the exchanges of PhD students who have met regularly both in France and China,to discuss their research and to write comparative articles.
Two co - supervised theses were conducted, directed by Dean QI Yanping andDr. Anne - Marie Duguet. PhD students Zihan Chen and Meng Wen made consider-able efforts during their stay in France to adapt to the lifestyle and especially to meetthe French requirements and academic control of their research. The theses defended in China were issued under the double seal of Paul Sabatier University and Law
School of Shandong University.
On the French side, French - speaking PhD students were selected: Mou Li and Chuanjuan Zhuang. Their theses were co - supervised by Dr Anne - Marie Dug-uet, Pr Jacques Lameu and Pr Alexandra Mendoza - Caminade. They traveled to China on several occasions to deepen their research, especially Chuanjuan Zuhang whose thesis focuses on traditional Chinese medicine.
Our project has also allowed visits of Chinese semor researchers in France and vice versa. A workshop was organized by Prof. Hongjie Man at the Law School ofShandong University on the theme \"Biotechnology, medicine and law\" and this book brings together the main works presented. Most authors are lawyers but as well doctors, geneticists, epidemiologists, public health specialists. The multidisciplinar-ity of our teams has enriched the quality of the work. Regarding the authors of the
French team, their contributions are divided into 3 parts of the book.
The first part deals with the genetic information and its protection which are en-sured in Europe by recommendations and a very strict legal framework of the Council of Europe. Thus free access genetic testing that is offered in many countries around the world is not possible in France.
The second part deals with the ethical aspects of biotechnology. All countries are concerned with questions of gene patentability, stem cell use and embryo re-search. The fundamental principles of the dignity of the human being have no bound-aries and the protection of individual rights prevails over the interest of science.
The third part presents the challenges of pharmaceutical law, biotechnology and new therapeutics, but also those of intellectual property law. Finally, China remains very attractive for foreigners as evidenced by the last two articles one medical tourism and the other on the protection of traditional Chinese medicine.
On the Chinese Side, As the Director of PhD students, Pr. Qi Yanping, Direc-tor of the Centre for Human Rights Study at Shandong University, contributes to re-searching the rights systems and has a deep thinking on the issues while the tradition-allegal system facing the challenges in big data era. Pr. Wang Kang, working in Shanghai University of Political Science and Law, Phd in Law is scholar study on bi-omedicine and its legal issues. The writing of his doctoral dissertation opens a new field of vision in related fields. More and more young scholars such as Li Yan and Jin Genlin are also involved in the research of this field, and contribute their own thinking, dates and unique analytical methods.
Preface
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