Some Legal Issues About The Donation Of Remains In The Perspective Of Civil Law

Nowadays,because of remains-donation’s great contributions to the development of our medical education, research and clinical organ transplantation works, remains has becoming an important "resource". However, the remains-donation work in our country has been in dilemma that more people respect it but few of them were excepted. In addition to impact of the traditional concepts, civil legislation’s lag is blamed to.Thanks to absence of civil legislation, remains-donation has lack of legal basis, donor’s will also haven’t implemented correctly and the behavior which hinder or even infringe the remains-donation will always happening.Remains is a thing that include content of public order,traditional ethical and use value, there are also personality interests contains on it. Remains which available for donation should be full corpse; Whether the brain death could being an remains identified standard or not in our country, We should implemented this standard under the ethical and technical conditions. Remains-donation rights are extended by the body right which is the source of the legitimacy of remains-donation. The people who have full civil-capacity can decide donation of bodies by theirself before death, their close relatives also has the right to donate it which based on the right of body enjoied by theirselves.When the contains of self-donation and relative-donation have conflicttions,we may learn from Japan’s "right equal mode"that the remains-donation must be permit by donors and their close relatives’s when their make consensus,because it can improve the probability of donation. Effect of voluntary donation should have some conditions. The donation registration can take effect on remains-donation rather than make confrontation effectiveness. The presumed consent donation great significance on promote the remains-donation, There also have possible to implementated presumed consent donation in China. Harmonization of civil legislation should be conduct in the future. Our civil legislation must safeguard the right of informed consent, revocation rights, personality rights and the remains rights of the dignity to donors and their close relatives. In order to protect the remains-donation behavior and arouse people’s enthusiasm of it, civil legislation in China must clear the civil liability bears of subject who violations of the rights aboved.