The Study On The Civil Liability Of Human Organ Transplantation

Human organ transplantation is a new technology withepoch-making significance of the medical field since the 20th century,playing a breakthrough and positive role in healing the wounded,rescuing the dying. But with the wide application of this technology, ithas initiated a great deal of civil problems. What this text discussed is thequestion on civil liability among them. The preface part makes a briefintroduction on development to human organ transplantation, along withcurrent situation of development of human organ transplantation in ourcountry, showing the background and meaning of the selected title. Thefirst part analyzes the legal nature of human organ transplantation,making a concrete analysis of respectively in order to confirm thelocation to human organ transplant from two aspects of narrow sense andbroad sense. The second part expounds the characteristic of the civilliability produced while to implementing in this behavior in order toconfirm basis and standard on bearing civil liability and establish thefoundation of constructing the scientific civil liability system. The thirdpart probes into the principle of liability undertaken of human organtransplantation from two kinds of main responsibility shapes of theliability for tort and liability for breach of contract, and discusses theproblem on duplication of civil liability among them. The fourth partprobes into the requisites to constitute liability of the civil liability ofhuman organ transplantation. The fifth part explains the currentlegislation situation in human organ transplant in our country briefly first,then putting forward some legislation suggestion directly against the regulation of the civil liability among them. Conclusion affirms thepositive meaning of "regulations of human organ transplant" issuednewly in our country before expressing bright expectation on developinglegislation of human organ transplantation for future.