The Civil Law Of Organ Transplant

Organ transplantation , an emerging medical technology, is the evangel brought by the development of modern medicine to human beings .However, along with its rapid development, organ transplantation also brings human beings themselves significant challenges which involve a lot of ethical and legal issues. There are a lot of controversies on these issues, which remained uncertain at present. If these problems are not resolved and there is no good legal system to regulate the development of organ transplantation, the organ transplant will go astray. Many scholars at home and abroad have begun their legal research on organ transplants. Based on this purpose, the author of this paper just wants to have a try on it.The first part of the paper is an overview of organ transplantation. Introducing the concepts and classifications of organ and organ transplantation, and make a classification of the organ transplantation .Meanwhile summarize the history and the status quo of organ transplantation and the significance of this technology for human development.On the second part, by comparing the theories of body organs and corpse from the domestic and the overseas scholars , making an analyze on this basic ,get the conclusion to this problem; confirmed the science of the brain death criteria and its scientific significance for the development of organ transplantation, as well as gave a analysis of the legal relationship between organ transplantation.The third part of the paper is a summary of the organ transplants legislative principle. Through the awareness and the analysis of organ transplants, summed up the basic principles that the legislative organ transplants should be followed: for example, principle of fairness, principle of know and approval, principle of free, principle of sufficient protection to the benefit of un-completely civil capacity person, principle of prior consideration to the donor's benefit, principle of non-priority , principle of technology permit ,By the law regulations of the principles to organ transplantation, so as to avoid seeing the phenomenon that the laws do not want to see in the future. In short, the organ transplant of great significance for humanity and its sound development need the support of people who are working on it. A good science and technology, only compounded with good legal regulations can achieve good purpose. This is the impetus supporting the author to complete this thesis.