Study Of The Organ Transplant Law

Organ transplant is one of the disciplines with the fastest developing speed among modem clinical medical science,having already saved the life of countless patients so far. Its positive result is self-evident, but its negative influence also challenged the era calling for rights, bringing many social problems,we should legislate to regulate organ transplant. This article attempt to make a primary discussion about the legal problems in organ transplant in terms of civil and commercial law.The article make a brief introduction to organ transplant at first, including a recommendation of organ transplant, an analysis of legal relation about organ transplant and a summarization of lawmaking of organ transplant in various countries, so that we can have a basic overview about organ transplant. Then analysed the theory of organ and organ rights , which is the academic precondition to carry on organ transplant The author think that organ has both personality and substance attribute, there should be different conclusion about its attribute in different cases. Organ rights also have both personality rights and real rights attribute, but should belong to personality rights on the whole. On this basis, the article divides the organ transplant on broad sense into two pieces of independent course :the donation of organ and the operation of organ transplant, then bring forward the design of legal structure of organ donation and the program to regulate the course of organ transplant. The former includes the design about the law system of corpse organ donation and living body organ donation , and relevant questions about forbiding buying or selling organs and donation with compensation. The author think we should advocate volunteer organ donation, and allow paid organ donation. The latter includes the regulations to assign, to pick, and to transplant organs, the legal questions involved to each link has been summarized. Finally, the author propose some suggestions to the lawmaking of our country's organ transplant from the macroscopic, analyzing the necessity and feasibility of legislating in organ transplant, puting forward some suggestions on choice of the legislative mode of organ transplant, and discussing the lawmaking about brain death which is close connected with organ transplant.The lawmaking of organ transplant of our country is being in blank state all the time ,lagging behind in organ transplant technology seriously. Educational circles especially civil and commercial law circles have not given enough attention with this, lacking systemic and deep study to this problem .We should strengthen the theoretical research to the legal problem of organ transplant , quicken the steps of legislating in organ transplant, promote the tremendous development of the undertaking of organ transplant of our country through effective regulations to organ transplant.