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Study On Organ Transplantation Law Problem

Posted on:2008-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:C F LiFull Text:PDF
GTID:2166360212992830Subject:Civil and Commercial Law
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In recent years, the development of organ transplantation in China is very fast. China has become one of the leading countries in respect of both transplanting quantity and transplanting technology. But tens of years have passed since the organ transplantation began, our country has not formed the comparatively perfect organ transplanting legal system yet. This may make the future development of organ transplantation very unclear. Organ transplantation is connected with man's body and organ , so it directly affects the theories of law .We must make thorough science of law theories to establish a basis for working out organ transplanting laws and statutes on this account. The relationship between organ transplantation and personality is very close. What right do we have to make use of our organs? Somebody advocates that one has the right of self-determination on this point .Somebody regards it as the body right. The author agrees with the organ right statement. Several aspects such as organ right allocation, organ right characteristic, organ right significance are mentioned in PartⅠ. On the PartⅠbasis, in PartⅡwe divide human organs into the dead body organs and the organs from the living body and in our opinion, they can be owned under some principles. PartⅢis about the principles which ought to be abided by in organ transplantation. One principle emphasizes that the true meaning should be respected when an organ transplantation takes place. One principle points out that the civil activities should respect social morals .This principle can make up organ transplanting legislation's deficiency. Still have peculiar crowd of protection principle and gratuitous contribute principle. Having studied the theories in organ transplantation, the author offer five suggestions with the purpose of improving the current organ transplantation legislation. The five suggestions are: one's refusal to donate organ should be respected; the living donator should be a close relative of the patient, but there is an exception; the death standard should adopt the brain death standard; the donating policy should be adjusted; compensation should be offered to the donators. In short, with the organ right starting, law theories in organ transplantation are studied in order to progress the legislation.
Keywords/Search Tags:Organ transplantation, Organ right, Organs of corpse, Organs from a living body, Brain death, Compensation
PDF Full Text Request
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