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The Legal Analysis Of Brain Death And Organ Transplantation

Posted on:2005-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:J LuFull Text:PDF
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Brain death issue new problem that appear in the modern medical development, followmodern to make a diagnosis the change of technology, " brain death " appearance ofconcept to traditional " heart death " clinical direct challenge of diagnostic standard, it hasone side improved in the medical field that at the same time its appearance is not less than,have caused the idea conflicts of sociology, ethics and even law circles especially.Appearance of " organ transplantation " on the concept foundation of " brain death " ofand then the building, develop and ripe course to it produces to be widely influence tonumerous nature and people literature department field besides medical science even more.The relevant academia's view is numerous and complicated, unable to decide which isright. Brain death and organ transplantation especially to law science civil law in the field,death, thing, guard issue, inheriting the system, all civil liability ability, civil capacityconcepts often cause the scholar's further thinking. Death and organ transplantationquestion origin, progress and current situation that this text hopes to pass introductionbrain, use the idea, methodology of law science to analyze and combines the comparativejurisprudence, economics research approach of the law about this hot question, accordingto the principle idea of the civil law, synthesize other discipline science of field know, toput forward the author's opinion and opinion in brain death and organ transplant issue 4legislative course that our country carry on soon. Introduction part introduce brain death and organ transplant theme that law study andgenesis, explain author of this text era background, research meaning and author's startingpoint of issue this to write this text, through discussion and recommend of the standard to" death ", attempt to prove that the death standard of brain is facing science and rational inbed and objective, announce it may replace tradition standard developing direction,describe author of this text intention of writing, recommend and compose a piece ofwriting adopted law explain study, comparative jurisprudence and law economics,etc.structure, research approach also. And introduced article term and infrastructure briefly. Have in mind with making a reservation to analyze to brain death and organ transplantlegal system, proceed from nature characteristic of the system itself at first, has announcedits uniqueness and inherent to the whole civil legal system, thus should regard civil lawtheory as guidelines and pass latitudes mainly while analyzing its every question aspect,secondly, author of this text recommend brain death and organ transplant legal category ofsystem- definition and his appellation define the issue, detailed through being that law ofdeath define and dispute definition in organ transplant and dispute to brain, representdefine one that question go through from in great numbers to course that developconstantly simple, has already trended towards unanimity after stating the presentdiagnostic standards of various countries, " brain death ", this new concept, has alreadymore and more been people's reality understood and acknowledge. Meanwhile, throughthe introduction to the dispute question, see if make readers able to deepen theunderstanding, hold the developing direction of the question better. Thus correct to realizebrain death legal system to organ transplant legal importance that system structures. Chapter two among, attempt author of this text with " disease right maintain and say "," agreement the desirable to say " wait a moment there aren't theories and his gradualprogresses per, through examining existing scholar's view and opinion, it is for legislation 5among them according to and courses of methodology go on it explain and come and forbrain the deaths and organ transplant system foundation in science of civil...
Keywords/Search Tags:brain death, organ transplantation, law
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