The Legal Research On Special Subject Organ Donation

With the constant innovation and development of medical technology, especial the emergence of organ transplantation, the dream of living longer and living with healthier and more dignity has come true. Organ translation brings much gospel to patients, so it is called "the summit of medicine" in the 21 century. However, it causes a series of problems about society and morality and law at the same time, making us to concern and discuss the value of life and the properties of organ and the agreement of organ donation and the protection of donors’personal rights. Although our country promulgate continually some laws and regulations about organ donation to regulate the behavior, there are many unsolved legal problems, in particular, more and more special subjects as organ donors donate their organs, for example juveniles and psychopath and fetus and so on, and there are less related regulations. These problems concern not only the guarantee of the major personal rights, such as the rights to life and health, but also the ordered and healthy development of our countries’organ donation, so we can’t ignore them. The paper discusses the several main questions about the organ donation of special subjectsThe paper consists three parts, including an introduction, text and conclusions. The text is divided into four parts and they are four legal problems about organ donation of special subjects.The first part is to explore the legal property of human organ. The paper begins with the necessity of the definition about organ’s legal property and introduces the academic views and disputes about them. The author put forward own viewpoint that the organ belongs to personality right, from the angle of personal dignity and protection of personal rights.The second part is to define whether special subject can be an organ donor. The part is the first important portion. The part choose the several common special subjects among organ donors, such as juveniles, psychopath, fetus and the deceased, combining the domestic and international laws and academic views, to explore whether special subjects can donate their organs from the angle of capacity of consent and the protection of personality right.The third part is to judge the legal efficacy of the behavior of special subjects donating their organs. The part is the second important portion. The part discuss primarily whether the behavior of special subjects donating their organs can have legal effectiveness from three angles, including the right to self-determination, principle of best interests and public order and good custom.The fourth part is to simply analyze the liability for tort happening in the behavior of special subjects donating their organs. The section is stated from three aspects that they are tort subjects, tort objects and the methods of bearing tort liability appearing in the conduct of special subject donating organs.