关键词: 基因检测, 自我决定权, 一般人格权, 权利内容, 权利行使

Abstract:

Behind the development of the genetic testing industry in full swing, few people pay attention to the rights of the subjects. The right of gene self-determination is the core right of the subjects, and it is the key to the legal regulation of genetic testing. The core of the right is informed and consent. It refers that the rights of the subjects in genetic testing to decide whether to take the test or not, and whether to agree to take the measures during the test and the final decision on how to deal with genetic information on their own free will. The right of gene self-determination belongs to the general personality right. The subject is testee and the object is the human genome. The exercise of the right is mainly reflected in the fully informed consent of the testing process and results. This right is not an absolute right, and therefore it should be restricted under certain circumstances.

Key words: genetic testing, right of self-determination, right of general personality, right content, right exercised