Living Organ Transplant Under Civil Law

Living organ transplantation is a double-edged sword, its appearance and extensiveapplication of hand for the benefit of mankind, hand also brings troubles. Specifically, inthe rescue of human life and health at the same time, it also brings a lot of problems incivil legal: legal nature of living organ is what? What is the organ transplantation from aliving donor? Minors can become a donor? It could decide to exercise the right of organdonation? Whether the law allows non relatives organ " cross transplantation "? Donations,in living donor organ transplantation from behavior, what the legal nature of implants are?Living organ transplantation law on the basis of what? If the organ transplantation is foundinvalid, what is the legal consequence? What is the remedy? These problems of the theoryof civil law and civil law practice have posed a challenge, need to adjust the civil law.Here, the author to living organ transplantation civil legal relationship as the main line, tolearn and research system of civil problem in organ transplantation, and put forward theirviews and suggestions, in order to help to solve related problems.This thesis is divided into five parts:The first chapter by the concept and category of living organ are briefly introduced,the legal nature and definition of living organ, legal attribute analysis is not separated fromhuman body organs and have been isolated organs and body, in order to have a generalunderstanding of living organ transplantation; on the establishment of living organtransplantation system of our country, explain necessity and urgency of establishing thesystem of living organ transplantation.The second chapter starts from the organ transplantation from a living donor,described as the donor shall have the condition, and then discusses the minors can becomedonors, exploring the law will allow organ transplantation between non relatives, whichfocuses on unrelated organ " cross transplantation " in system research, and puts forwardthe author’s viewpoints and suggestions.The third chapter focuses on the legal nature of the action of living organtransplantation, organ involved in medical activities donated organ harvesting behavior, organ implantation behavior, clarify the living organ transplantation act from the aspectsof legal behavior. Through the discussion of the three main living organ transplantationorgan transplant operation theory, points out the theory basis of donor organ donation is itsenjoy body right; theoretical basis of receptor organ transplantation is the enjoyment of therights of life and health and medical institutions assume the obligation to heal thewounded and rescue the dying; medical institutions of organ transplantation by donorinformed consent is based on both sides, formal illegality is living organ transplantationact, which provides a strong legal basis for the implementation of living organtransplantation activities.The fourth chapter to organ donors decide to exercise the right perspective, thecountries agreed scope of organ donors in legislation, points out that the scope of validityof organ donors decide right consent cannot exceed the ethical and legal boundaries oforgan donation; the right to revoke the legal analysis, reveal the legislation on theprotection of rights and interests of the imbalance of the donor, called on lawmakers toestablish compensation mechanism, and puts forward the suggestion.The fifth chapter briefly analyzes the forms and the legal consequence of invalidorgan transplantation. It is pointed out that the existing laws on the organ that must existblind area and the laws and regulations of organ transplantation have vacancy, shouldestablish a new legal system by legislation, the use of new organ transplantation system toregulate a series of problems.