The Study On Self-Decision Right Of Organ Donors

Organ donation is a civil juristic act for natural person to exercise body right and dominate body organs. Organ donation is related to the life, body and health of organ donors, or to the integrity of the remains. So organ donors must have self-decision freedom when they make the decision of organ donation. This freedom will be a civil right of organ donors when it is confirmed by the law. This right is self-decision right of organ donors, the meaning of it is that organ donors have self-decision right to something related with organ donation. On one hand, the existence of this right show the law respect for personality dignity and maintenance for personality interests of organ donors, on the other hand, the law pursuit of procedural justice of organ donation and transplantation.Researchers don’t analyze the legal nature of organ donation deeply after defining the right as a personality right of organ donors. Actually, self-decision right of organ donors is not a new right, it is embody of decision-making right to body——the function right of body right in the activity of organ transplantation. The contents of this right include consent, resistance and revocation right of organ donation and object selection right of organ donation. The exercise of this right can’t violate law and social public order and good customs.Firstly, legislative perfection for legal system of self-decision right of organ donors should establish basic principles. Secondly, the perfection should base on the establishment of legal system of body right in Civil Code. Lastly, Human Organ Transplantation Act should construct the institutional system of the legal system in the special law. Legal institutional system of self-decision right of organ donors should conclude own systems and auxiliary systems. Own systems should conclude subject system and exercise system of self-decision right of organ donors. Auxiliary systems should conclude registration system of self-decision right of organ donors, ethic review system of organ transplantation, appropriate compensation of organ donation and civil liability system, etc.