Analysis Of The Relevant Law Issues About Human Organ Transplantation

Along with medicine and life sciences changing quickly, organ transplantation has become the new method of therapy or cure illness. But existing concurrently, there are a series of inevitable and ineluctable realistic issues. At present, on the law inside and outside plenitude research has not been done and there is still much controversy on some basic issues. So it results in conflicts in conception and action with medical treatment development and legal practice. There are some problems unable resolved.Author emphasizes three legal issues about organ transplantation. Above all, it begin with organ transplantation civil law gist; secondly, discussing it development depends on a Gordian knot on criteria of death; finally, researching how to do the law protection on donator. Apparently, these three issues do not have any relation between them, though relating organ transplantation. Practicality, they are important problems must be solved urgently. It is the climactic order between them. The basis of legal protection of donor is depending on the clarity of property rights organs and the death standards.The first part of the discussion from the front of the purposes of organ transplantation should have an adequate legal basis for demonstration and provisions that should be smooth in the case of the internal legal system, the implementation of organ transplantation. But the reality is not currently on the organ transplantation in the most based object - the ownership and rights of property of organs to be a clear case of problems. And it blindly was taken from the donor organ transplants, ignoring the already existing legal protection under the current subject of interest. It does not offset the consequent administrative regulations from the civil law tort liability. No provisions of law against the interests of the donor, it is contrary to the law of the spirit and principle of the law. Therefore, the first step in implementation of organ transplantation should be addressed "very good reason, "the embarrassment. In the latter part researching on the division of organs and the right to property issues, and explore the civil law system with the current lack of coordination problems.The second part of the process for carrying out organ transplants in China face a serious shortage of organs from the reality of the problem, to explore the possibility of brain death criteria as the standard of death, organ transplants from brain-dead patients can supply. However, the standard death battle - carried out as a Gordian knot on organ transplantation, although you can make by law to provide that in a short time, but medical advances, this is a puzzling medical problem. Legal medicine in the treatment of the issue itself should maintain a sense of restraint. The author does not exclude additional brain death criteria, but also should be the premise of the rational, the rationality of its existence is derived, the development of the law can not push down the "brain death is reasonable" or "legitimate" this conclusion.The third part of the donor to discuss issues related to rights protection. Combining these two question discussion, it can be researched on protection on living donor and dead donor. On the one hand, it must protect the rights of living and health, informed consent, obtain compensation. On the other hand, it must protect the personality interests to the dead donor. It should be traced back to the donor make a decision to carry out transplants to the beginning of the behavior. At last, it must protect the interest of receiving compensation to dead donor. On the living donor, the donor must first ensure that the interests of the life and health; followed to protect the donor organ before transplanting, and its behavior has been known to the relevant interests of informed consent; then it is necessary to protect the body to obtain compensation for interests. It is the only way to embody the principle of equity law. The donor organ transplantation there is bound to damage the body, therefore, reasonable compensation for the donor to ensure that the voluntary contributions of donor organs, which is bound to the receptors in the protection of the drive. In addition, the author also some special type of protection for the body to do a simple analysis, the law should strengthen the minors sentenced to death for the donor and the protection of the rights body.By the author of this study, once expanding, it will be a real huge project item. This article related to organ transplantation unexpected answers to all legal issues, find solutions to the problem of the "Almighty Key", but the author wish to address the problem of personality slightly Restricted View own humble opinion.