BIOTECHNOLOGY. MEDICINE AND LAW生物科技医学与法律

　　《Biotechnology， Medicine and Law 生物科技、医学与法律》：　　2.3. The Property Interests of Genetic Information.　　Through the analysis of the phenomenon of right related to the attribute of genet-ic information. The analysis involved in genetic information rights is not only the per-sonality interests. With a detailed analysis of the the oretical system of personal in-formation protection， it is not difficult to find that except starting from the angle ofindividual autonomy， the reasonable expectation interests and trust interests relatedto genetic information is the important content of the protection， and has a profoundthe oretical origin， but one of the key issues of the protection of genetic information which can not be avoided is the maintenance of the property interests. An important point of view is the care of genetic information in those implied in the advanced theo-ry and practice of legislation. Except for the tradition of protection of personal infor-mation in the United States and the United Kingdom， Wagner， an American scholar，in his “French privacy theory development” c i J ， James Q. Whitman “Two kinds of privacy culture in Westem country： dignity and freedom；and Jeanne M. Hauch “the French privacy protection-the existence and development of the theory of Warren and Brandeis in France” [ 3 J . Three articles reveal the content which also can not be ignored. According to Professor Whitman‘s view， an important tradition in France is that nobles often asked people to open their property status， including real estate security， and this unopened appeal often got approved legally. The main-tenance of personal information， is parallel with the French Revolution and the French news media. With France’s introduction to the freedom of the press system and freedom of speech are advertised and development， the lives of citizens by the threat of danger is also getting increasing high. Jacobin （Jacobin J r so me p e tion）believed that it was essential to consolidate the achievements of the French Revolu-tion， protecting civil rights， not only to maintain the freedom of speech， but also to safeguard citizen's private life from infringement. In his initiative， article 17 of French 1791 constitution provides that “ behavior of defamation or infringe upon the private life of others， based on the prosecution of others， the actor’s behavior should be punished. “　　At the same time the French constitution of 1791 information only changed for the protection of the aristocrats， subject has extended to the scope of ordinary peo-ple， consolidating the protection of the rights of citizens by legal reform.　　Another French scholar who made outstanding contributions to the protection of privacy rights is Pierre Paul Royer Collard. In 1819， he puts forward a famous judg-ment that their private lives must be separated by a fence. This thesis not only be-come the French direct reference to the the oretical basis in the later judicial practice of 19th century， but also directly promote the development of mainland right of priva-cy theory.　　Thus， the maintenance of citizens always existed in the social life of France，and form finalized as an important outcome of the French Revolution in the constitu-tion of 1791. But for a long time， on the study the process of history in France priva-cy protection has not been clear， the main reason is that， as an important content of civil law， the origin of the right of privacy is largely dependent on academic works of civil law scholars. The French civil law scholars did not show great interest on the right of privacy theory.　　……