Abstract
Because of the flourishing development of biomedical research, the human being obtains the unprecedented knowledge and ability about life control. This development not only brings us new hopes of health care, but also makes the biomedical industry become the sunrise industry. In spite of the bright future, however, the development of biomedical research, especially the research about human, also influences the ethical, legal and social systems nowadays and has induced many controversial issues. As an important source material of biomedical research, human tissue has become a special object because of its importance of biomedical research, potential economic value and relation to provider. The speciality makes it difficult to determine which kinds of rights should the human tissue provider own. To solve the question, this thesis would analyze two American judgments and the debates arise from them, and discuss the rationality and propriety of those opinions. Then this thesis would come back to discuss the legal problems about human tissue in Taiwan. To present what problems in current regulations and possible resolution, what claims might the human tissue provider have if the right on human tissue is property right or non-property right would be examined and the necessity of property right/ non-property right dichotomy would be discussed. To make the right and duty between the human tissue provider and the human tissue user clear, this thesis would try to propose a property right/ non-property right dual protection model, and suggest the Congress should enact legislation to restructure property right part of human tissue.