Research On Civil Issues Of Organ Transplantation

Organ transplantation includes a series of actions, such as donating the organ, removing organ from the body and transplanting the organ into the embracer, all the actions are for iatrical intention. Organ transplantation is complex, relating to law, medical science and ethnics. In order to ensure the development of organ transplantation and protect the rights and interests of people, it is significant to research the civil issues from civil and mercantile law.The legal nature of organ is the academic precondition to carry on organ transplantation. Human organ should be attributed about different conclusions in different cases: the living organ in body is element of substantial personality while the detached organ and the corpse organ are limited merchantable item. Organ transplantation is a legal action: organ transplanting is for improving the health of the sufferer; organ removing is under the consent of victim; removing organ from corpse is under the agreement of the provider and the relatives. Organ donation and organ from the corpse are the ways to get the human organ. Organs can be donated through the establishment of incentive compensation mechanism.There exist deficiencies in China's current legislation that need to be improved: one's refusal to donate should be confined in some extend; the death standard should adopt the brain death standard, and so on.