职场基因信息歧视视角下的基因平等权立法探究

Legislation of Genetic Equality from the Perspective of Workplace Genetic Information Discrimination

“后基因组时代”基因筛查、基因检测、基因诊断、基因治疗等相关技术被广泛地运用,人们也面临着自身基因信息被如何看待的问题.法国率先将基因平等权写入本国民法典,美国通过行政手段加强对基因歧视现象的规制,我国也亟待立法以确立基因平等权.国外有关基因平等权保护各具特点并对我国具有借鉴意义,我国基因平等权的立法可以民法和行政法进路相结合的方式展开,逐渐将基因平等权纳入我国法律体系中.

Gene screening,gene testing,gene diagnosis,gene therapy and other related technologies are widely used in“post-genome era”.People are also facing the problem of how to treat their own genetic information.France took the lead in writing the right to equality of genetic information into this Civil Code,and the United States also strengthens the regulation of genetic discrimination through administrative means.Our country urgently needs to establish the equal rights of genetic information.The protection of the equal rights of genetic information in the United States and France has its own characteristics and has reference significance for our country.The protection of the equal rights of genetic information in China can be carried out by combining civil laws and administrative law approaches,and gradually incorporate the equal rights of genetic information into our legal system.