The Analysis Of Living Organ Transplant In Civil Law

Organ transplant appears when the medicine develops to some extent. Such technology brings about not only evangel to most suffers, but also many thoughts on law: how to define properly the nature of rights of a person to his organs? Does the organ belong to"thing"when it separates from the body of the person? What protection should we supply to the persons in the organ transplant? Therefore it is necessary to do further research on such questions so as to conclude credible conclusions.This article uses the methods of comparison, adduction, illustration and logic, by analyzing the civil legal relationship and theory basis in the organ transplant, and discusses the legal nature of each kind of human organs. It analyzes that how to protect the donor and the acceptor in law in the organ transplant process. The author puts forward his own proposal to concrete legal regime design of the organ transplant, by unifying the questions in the organ transplant practice and the domestic and foreign legislation condition.The article is divided into six chapters.First chapter: The outline of the organ transplant. It introduces the conception and the types of the organ and the organ transplant. It is necessary to establish the living organ contribution system in our country. Second chapter: The civil legal relationship in the organ transplant. It introduces the subject, the type, the object and the content of the civil legal relationship in the organ transplant.Third chapter: The theory basis of the organ transplant. It Points out that the theory basis of the donor's organ contribution lies in that the donor has the right of his body. And it introduces the conception, the legal characteristic of the right of body and it is an independent right; The theory basis of the organ transplant for the medical establishment lies in that the donor and acceptor both know the results of the matter and they agree to them; The thesis basis of the organ transplant for the acceptor lies in that he has the right of life and health and the medical establishment has the duty to save the injured and dieing people.Fourth chapter: The legal nature of the organ. It points out that the organ which is not separated from the human body is the constituent of the body; There is some dispute about the legal nature of the organ which is separated from the body in the academic circles. We think that it is the thing, but it has the different characteristic from the common thing, and it has the special real right rule.Fifth chapter: Legal protection in the organ transplant. The civil legal protection of the donor is divided in four aspects: The donor knows the results of the matter and agrees to them; The donor's right of protection of his health; The limit of the donor in the organ transplant; The civil legal protection of the donor when he is injured; The civil legal protection of the acceptor is divided in two aspects: The acceptor knows the results of the matter and agrees to them; The acceptor's right of protection of his health.Sixth chapter: The analysis of the problem of the legal regime design of the organ transplant. It is divided into five contents. The first section compares the contract of human organ contribution with the donation contract in the contract law; The second section points out the organ contribution contract should use the clear instructions agreement and the written form; The third section points out that people can take refuge from danger urgently in the organ transplant process in the peculiar circumstance; The fourth section is the prohibition of the human organs business; The fifth section discusses our country's choice of the organ transplant legislation pattern, pointing out that our country should adopt the legislation pattern of unification.