At the 10th meeting of the Standing Committee of the 13th National People's Congress, the second review draft of the personal rights editor (draft) of the Civil Code was submitted for consideration. The second review of the draft adds provisions that those engaged in medical and scientific research activities related to human genes, human embryos, etc., shall abide by laws, administrative regulations and relevant national regulations, and shall not endanger human health or violate ethics.
It is reported that the Fifth Session of the Standing Committee of the 13th National People's Congress conducted the first deliberation of each sub-division (draft) of the Civil Code. Some localities, law teaching and research institutions, and the general public have suggested that conducting medical and scientific research related to human genes, human embryos, etc., may bring risks to human life, health, safety, and ethics, and must have strict legal regulations. The Constitution and Law Committee of the National People ’s Congress recommended that this opinion be adopted, and a provision was added to Chapter 2 “Right to Life, Body and Health” to engage in medical and scientific activities related to human genes, human embryos, etc. They should abide by laws, administrative regulations and relevant state regulations, and must not endanger human health or violate ethics.
Article 789 of the first-review draft of the draft stipulates the requirements for conducting human trials for the development of new drugs or new treatment methods by relevant scientific research institutions. Some members of the Standing Committee of the National People's Congress, localities, departments and the general public have proposed that conducting human body testing activities involves the protection of personality rights and must be strictly regulated to protect the life safety and physical health of the subjects. The Constitution and Law Committee of the National People's Congress recommended that the above opinions be adopted and the following amendments should be made to the draft: First, the scope of such activities should be expanded to include all activities for "development of new drugs, medical devices, or development of new prevention and treatment methods." The second is to add provisions to carry out such activities, in addition to the approval of the competent department, it should also obtain the review and approval of the ethics committee; the third is to delete the prohibition of paying any form of remuneration to the subject, but can provide the necessary compensation.
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