The Study On Civil Law Of Human Organ Donation Of China

With the fast development of organ transplantation technique, lots of patients suffering from severe diseases, which are incurable before, could now be cured by organ transplantation. Thus it is vital to the success of organ transplantation to obtain sufficient high-quality human organs. As we know, organ donation is the only legal way for organ transplantation. How to improve the organ donation rate is the key issue every country needs to face.In this thesis, by using the comparative, deductive and exemplification methods we first analyzed the juristic act of organ donation, and then explored the legal nature of the human organs for transplantation and the rights related to the organs. At the same time we also investigated the civil laws on organ donation of other countries, especially Spain, America, and Iran. Finally, based on the Chinese actual conditions we put forward some legislative suggestions whose aim is to establish the incentive mechanism to improve the organ donation rate of China.This thesis is divided into four chapters.Chapter One Organ donation and its current status analysis.In this chapter, some concepts and classification of organ donation are introduced; the organ for donation is defined as allograft. Meanwhile, the current status of organ donation is analyzed, and it is showed that the shortage of organs for donation is pervasive in the world, especially in China. Finally, the reason why the situation in China is severe is given, that is, the factors influencing the organ donation rate are not only from ethic but also from legislation.Chapter Two The civil legal relation and property analysis on organ donationIn this chapter, every aspect of civil legal relation of organ donation and the properties of civil legal of organ donation act are analyzed. It is showed that the subject, the object and the content of organ donation are different from other ordinary civil legal relation; the act of organ donation is different from other ordinary donation act. It is also illustrated that the act of organ removal by hospital is an execute act of organ donation, which has the property of ground for elimination of misfeasance.Chapter Three The comparative analysis on related laws at home and abroad.In this chapter, by analyzing and assessing the organ procurement system it is pointed out that organ donation is a legal way for organ procurement. Every country takes a lot of measures to broaden it's source of organ donation. Among others, Spanish pattern, American pattern and Iranian pattern are the representatives, which have their own advantages. Considering the Chinese actual conditions well we pointed out that it is actually necessary to introduce an incentive mechanism in establishing the organ donation pattern of our own country.Chapter Four The suggestions for improving the related legislation of our own country.In this chapter, by analyzing and assessing different kinds of incentive means it is showed that the reasonable material compensation and privileged rights should be included as two key tools in building incentive mechanism of organ donation in China.