Karol Gregorczuk

The contemporary development of science and technology in the field of biomedicine has influenced the development of innovative research tools in modern diagnostics and therapies. Many Asian countries are currently interested in genetic research and biobanks, in response to increasing competitiveness on the global biotechnology market. Establishing of a modern research infrastructure in China, Japan, and South Korea is essential for future research on the etiology of genetic diseases and the development of effective methods of their treatment. Undertaking concerted legislative work is a response to numerous challenges related to the collection, processing, and sharing of biological material and related genetic information. The main problems in the field of genetic research and biobanks are the concept of informed consent, the protection of genetic data, and the commercialization of genetic material. Bio-law in China, Japan, and South Korea is the result of the search for consensus between protecting the fundamental rights of individuals and the freedom of research.

Chinese legal culture was shaped in a different way than Western legal culture, these differences have a significant impact on the rule of law, fundamental rights and democracy in contemporary China. Legal interpretation is one of the formal sources of law in China. The authority to interpret legislation is usually characterized as a legislative rather than a judicial function. The Standing Committee of the National People’s Congress (NPC), the State Council and the Supreme People’s Court have a special role in interpretive activities. Chinese legal interpretation includes semantic rules, the cultural and linguistic context of law, basic constitutional principles, the hierarchy of sources of law and reasoning by analogy.

The dynamic development of biology, medicine and technology is one of the main reasons behind ethical reflection on interference in the natural processes of life, which has led to the emergence of a new interdisciplinary field – bioethics. This approach combines scientific knowledge and ethical values, and indicates the need to reconcile the achievements of science and humanistic values, as determinants for mutual relations between science and ethics. The originality of Chinese culture inspires us to appreciate Confucian philosophy, which is a cultural repository of knowledge about human life, personal relations and connections between human beings and nature. In this text, I describe some basic problems of bioethics, e.g. euthanasia, suicide, abortion, and the death penalty, from the perspective of Confucian and Western bioethics. Confucius’s ethical thought is based on five regulations: humaneness (ren), righteousness (yi), ritual (li), wisdom (zhi), and faithfulness (xin), which determine the boundaries of human activity. These ideas underlie the cultural richness of modern Chinese bioethics and they can successfully inspire European bioethics; therefore they promote mutual understanding between East and West. 

The liability for medical malpractice in the legal system of the People’s Republic of China was shaped in the 20th and early 21st centuries. During the period of Mao Zedong’s government, there was a conviction that national legislation should be instrument for achieving ad hoc political goals, all decisions were made informally, on a party basis. Patients did not have the possibility to claim compensation for injury resulting from medical malpractice. A fundamental change took place after Deng Xiaoping came to power as part of the reform and “opening up to the world”, patients ceased to be treated as beneficiaries of social assistance, and became all consumers of health services. Initially, persons injured as a result of medical malpractice may claim compensation through administrative proceedings, which does not provide compensation claim to the amount of injury actually suffered. The “double path” system, which consists of two independent legal regimes – civil and administrative – has evolved significantly over time. The Tort Liability Law of the People’s Republic of China enacted in 2009 includes comprehensive legal solutions for medical malpractice in China.