Human Organ Transplant Study Of Tort Liability

Human Organ Transplant is a new medical surgery in life-saving which plays an important positive role in healing the wounded and rescuing the dying. However, with the widespread adoption of this technology, a series of new violations have emerged, revealing the deficiencies of China's legal system in this field. Therefore, in theory, a systematic study on the Tort Liability in human organ transplants is necessary, is also significant to the instauration of the tort liability system. In this regard, the article will give a systematic discussion by the following five parts.The first part will describe the Human Organ Transplant basic questions. From the aspect of the basic principles of medical science, this part will give a detailed explanation of the basic concepts of the transplantation of human organs, the classification and features of the Human Organ Transplant revealing an active role of human organ transplants in reality.The second part is an analysis of human organ transplants to legal relations from the perspective of civil law. Through the analysis we definite the human organ transplant act is the nature of a civil legal action, resulting in the receptor for the body as well as between the main medical institutions such as the formation of mainly the relationship between civil law. The legal relationship has the mixed basic characteristics of a complex main body, a unique object, the jam of contents of rights and obligations and so on, which is easy to have a dispute, and must be given special attention.The third part is about the discussion of the responsibility of the Human Organ Transplant identified on infringement. Tort liability is the precondition of the civil liability for violations of the premise. According to the Human Organ Transplant, the object of the infringement of the receptor distinguishes between the different bodies of the victims, and for this case, we will focus on analysis of contents of the object against the violations, revealing a variety of violations arising from the composition of the elements of tort liability.Analysis in the fourth part is about infringement responsibility in the issue of the Human Organ Transplant. Tort in Human Organ Transplant mainly arises the legal responsibility of personal property. In accordance with the different implementation phase of the Human Organ Transplant we divide different responsibility subjects for a specific commitment to the infringement, and determine a clear commitment to the responsibility of the main responsibility for such violations, and the main form of damages includes direct losses, indirect losses and mental damage.The fifth part provides a number of constructive suggestions and ideas to the infringement responsibility institution of the Human Organ Transplant. China's legislation should be adhered to the value orientation on the implementation of equal protection both to the receptor and the donor's, at the same time, take into account the legitimate interests of medical institutions. In addition, human organ transplants should be not only improved in the legislation of the rights and responsibilities of the main system, but also broken through in a series of questions of death standards and ethical principles and so on. This is an inevitable requirement for China's legal system in the Human Organ Transplant.In view of the current real situation of China's Human Organ Transplant frequent violations, China must make a positive response, which is to consummate actively human organ transplants tort liability system from the legislation. Only in this way, we can make the victims of numerous violations relieve timely, and the fairness and justice of law can be also functioned greater.