The Study On Civil Law Relations Of Human Organ Transplant

Organ transplantation is one of the two most significant medical achievements in 20 century. Organ transplantation not only benefits to mankind but also challenge the civil law. With the widely spreading of organ transplantations,the organ has become the important object of civil legal relation of organ transplantation.Regarding the civil legal relation as core, this paper analyses and discusses the legal characters deeply based on the foreign and domestic theories,and explains the challenges caused by organ transplantation to civil law. The paper's idea is that the different existing state of human organs, such as living organs, organs disengaging the body, organ of the body and infant organs, owns its different legal characters. The organ transplantation behaviors are composite actions which consist of organ donation, organ removal, organ distribution and organ embedding. Organ donation is the premise of human organ transplantation. The organ removal is medical aid behavior from the aspect of receiver. However, it is executive behavior of organ donation from the aspect of the supplier. The organ distribution is distributing behavior of the scarce social resources. It is very important to distribute the organs fairly and justly. The organ embedding is medical behavior with its specialties. The four behaviors are a whole action.Given our laws and regulation of human organ transplantation need to be further perfected and improved, it is important to establish compensatory donation system of human organ, because the system accords with the goodness of society and shows the fair rules of the civil law. And it is different from beneficial sales of human organs. The organ distribution should follow the common rule of the application and registration, fair and square rule, the priority rule for anyone who is in want badly.And it calls for the establishment of national coordination center for organ transplantation with the foreign and domestic advanced experiences. The interests of receiver and supplier should be protected from the following aspects: healthy rights, rights to knowing and agreeing, privacy rights, admittance for medical institution in the course of organ removal and organ embedding.