dc.description.abstract | The stem cells research is regarded as the hottest topic in the field of biotechnology and regenerative medicine; inter alia, embryonic stem cells bring about large interests and benefits of medicine production, gene therapy, medical treatment and patents, due that they can be differentiated into every mode of cells of lives. Nevertheless, since it is necessary to break an embryo in order to attain embryonic stem cells, there are also many controversial issues in views of law, religion and moral debated along with progressive development of the relevant research.
Although very late until 2006, the iPS cells were produced by scientists, they have soon become an outstanding invention in the field of research of stem cells, because they can be transformed from somatic cells into pluripotent stem cells merely by direct reprogramming. For the scientist, the threshold of this technique is low but with remarkable effects, for that the iPS cells are easily obtained, the productive process of them does not involve with breaking embryos, and their capacity of differentiation is equivalent to embryonic stem cells.
Moreover, in the eyes of who are against the research of embryonic stem cells, the research of iPS cells has even been taken as a significant advance in substituting the original one. However, the iPS cells are not that undisputable. In fact, besides scientific concerns about the efficiency of differentiation and its safety, there have always been moral and legal controversies from the perspectives of their production, research and application.
In light of that abundant treaties concerning stem cells mostly are related to embryonic stem cells, and that the discussions over iPS cells are usually limited to scientific introduction and moral debate; therefore, the author has tried to investigate on the relevant issues to iPS cells and sperm and eggs thereof from the angles of the Constitution and other domestic laws. As to the identification of human gametes, this article proposes that human gametes are characterized with the right to property and right to dignity under the Constitution, rather than being protected by the right to life.
Further, in examining the existing regulatory framework, it is observed that the existing domestic legal norms were not codified for iPS cells, so if they are applied separately, it would cause such chaos of interpretation among jurisprudences application, and violation of the principle of legal stability; namely, it seems necessary to establish a set of specialized rules concerning the research of iPS cells owing to its interference with freedom of research, rights and interests of the parties concerned, and significant public interest.
In addition, it is possible for the technique of deriving human gametes from iPS cells in the future, the restriction over source of sperm and eggs on the purpose of research, prohibition on trade of sperm and eggs and relevant monitoring mechanisms shall be taken, in process of moderate openness of research, in order to prevent such sperm and eggs from being traded or abused, and to avoid any dispute in question.
With respect to the issue of application of such sperm and eggs to reproduction, this article proposes that if there is any probability of freedom thereof provided by policy in the future, the scope of the law at issue should be limited to the patients of infertility who have a spouse, and gay and lesbian couples; namely, the single persons are better excluded. Besides, taking the factors of the best interests of the future child, safety, diversity of human gene pool and so on into account, it is also inappropriate to accept germ line cell gene therapy.
Because of complexities, the parties concerned might include people (cell providers or patients), authority and researchers (research or medical institutions); hence, in the global trend of iPS cells research, the author hope to point out the possible problems at issue in this article, then to propose such establishment of pertinent legal schemes and mechanisms, in order to properly balance among morals, laws and biotechnology.
| en_US |