Font Size: a A A

Civil Issues On Human Organ Transplantation

Posted on:2009-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:W Z WuFull Text:PDF
GTID:2166360242470188Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the fast development of organ transplantation technique, lots of patients suffering from severe diseases which were incurable before could now be saved by organ transplantation. However, since the healthy organs have to be removed from other human bodies, the development of this treatment inevitably faces a series of civil issues. What's the legal nature of human organs? Who has right of control over human organs? How could people legally get human organs? What should be the guiding principle in the legislation of human organ transplantation?The article is divided into four parts. The first part defines the concept, category and range of organ transplantation , introduces the lawmaking of organ transplant in various countries and analyses the civil issues caused by human organ transplantation, so that we can have a basic overview about organ transplant. The second part discusses the legal nature of the body and organ. The author thinks that human organ should be attributed about different conclusion in different cases: the living organ in the body is the element of substantial personality while the detached living donor organ and the deceased organ are limited merchantable item, that the person has the right to decide on the donation of his organ. The third part bases on the former text to analyze the obtain system of human organs-organ Transactions and organ donation, pointing out that organ trading has been universally banned and the organ donation is the only way to get the human organ. Every country has taken types of measures to expand the way of organ donation. Although there is a certain effect, but it is far from being able to meet the needs of organ transplant. Therefore, this thesis suggests that under the framework of legitimate and reasonable, organs can be donated through the establishment of incentive compensation mechanism. In chapter four, the author points out the shortcomings of organ transplantation in China's current legislation especially in civil law, and gives some legal recommendations on organ transplantation.
Keywords/Search Tags:Human organ, Organ transplantation, Civil issues, Organ donation, incentive compensation mechanism
PDF Full Text Request
Related items