“代孕”行为的法理分析

The Legal Thought of Surrogacy Phenomenon

"代孕"行为实际上是把传统的生育方式转化为医学制造产业,即一种纯粹技术化的身体活动。原本神秘而高贵的生命就像其他物品一样,可以通过金钱、技术和契约方式生产。"代孕"行为的出现冲击了传统的家庭婚姻法律制度和观念,带来一系列社会问题。学术界的争论一直存在,赞成与反对的声音此起彼伏。

The surrogacy phenomenon actually changes the traditional procreation into the medical manufacturing industry, that is, a physical activity of pure technology. Originally mysterious and noble life, like other goods, can be produced through money, technology and contract. The appearance of surrogacy phenomenon has impact on the legal system and the concept of the traditional families and marriage, and also brings about a series of social problems. There has been controversy in the academic world with the voices of approval and disapproval. This paper analyzed the surrogacy phenomenon from the legal point of view, and put forward the writer＇s own idea.