Real Right Attribution Of The Human Organs

The development of the human organs transplant technology has saved lots ofpeople who have organ failure by organ transplantation. How to improve humanorgan donation rates and contain the trade of human organs are problems need to beresolved instantly to keep the development of human organ donation and transplant.In this paper, I intend to discuss the value analysis of human organ donation system,legal character of human organs,construction of the rules of real right and relativesystem of organ donation. Among this, I propose the methodology of valuationcreatively and the idea of real rights registry of human organs. This paper propose toguarantee the process of human organ donation based on the law character ofhuman organs and advocate the shift of traditional concept to make more peoplejoined into donation.This paper is constituted by four parts. The first part discusses the human organdonation by value analysis, proposing that the setting up of organ donation systemaims to the value of freedom,order,efficiency and fair, pointing out that it’s necessaryto define the law character of human organs in donation clearly under the currentsituation. The second part is the summarize of law character of human organs. Thispart propose that human organs are parts of object based on different theory, andverify this with the evolution of object, the expansion of the range of the object andlaw character of the object in civil law domain. The third part further analyses theconstruction of real right system of human organs based on the second part. Becauseof the specific character of real right, this paper has discussed generation andattribution of ownership of human organs, the principal part of the right of disposingorgan, limitations on disposal rights and idea of the registration of organ real rightrespectively. The last part is the advice for completing the system of human organdonation, including setting up the process of human organ donation, deciding theincentive and compensation for organ donation and completing laws and rules oforgan donation.