Research Of Live Organ Transplants Under The Perspective Of Civil Law

Organ transplantation is the development of society needs arising from a major medical technology, this technology pulled many emergence patients back from the dead line, especially for the loss of organ function or failure to rescue patients Life has extraordinary significance for the majority of patients brought the gospel. However, in the use of this life-saving medical technology, but also triggered a series of legal disputes, which led to the majority of scholars think transplants concerns and legal issues arising.By combing the relationship between civil law and analysis, drawing on relevant theory to explore overseas, living in China that restrict the development of organ transplantation is not a technical problem, but by living donor organ transplantation in the social, ethical, legal and other issues. Through research, explore solutions to these problems and make relevant recommendations to solve the problem, ensure that our living organ transplantation in China can get better development.The historical analysis, logical analysis and case analysis of out human organ transplantation by organ donation, organ harvesting, organ allocation and organ implanted composite behavior. Living donor organ transplantation in the relationship between civil law related to the three main body, there are different among the rights and obligations. Living organ donation is to expand the Human Organ Transplant premise of behavior. Organ harvesting from the receptor point of view is the behavior of medical assistance; from the donor point of view, is the implementation of organ donation behavior. Allocation of scarce organs is a social resource allocation behavior, open the fair and equitable distribution of organs is of great significance. Living donor organ transplantation has some special subject, first of all, must be a relative behavior between the donors in order to be allowed by law; Secondly, the donor must be at least 18 years of age with full civil capacity. Therefore, to some extent improved the success rate of organ transplants, but also to some extent limit the transplant of human organs. Organ implantation is a medical act, but there are special. Four acts constitute an integrated whole.In view of our human organ transplants and related laws and regulations need to be further improved and perfected, the establishment of compensatory organ donation system, reason is that the system meets the good customs of society, reflecting the civil law principle of fairness, completely different from the sale of paid organ:Organ allocation should be follow the order of application for registration has a general principle, the principle of disease is particularly serious is preferred, just and equitable principles of open, learn from the experience; organ harvesting, organ implantation process from the life and health, informed consent, privacy, health care qualification system and other institutions to strengthen protection of the rights of donors and recipients.