Study On Legal Issues Regarding Juvenile Organ Donation

“Organ Transplantation”,one of the most revolutionary events that ever happened to human’s life in20’s century，is facing the moral dilemma when applies. Recently, there are more and more cases regarding organ transplanting due to its increasing applications worldwide. Under this circumstance, can juveniles, who are only entitled limited civil capability, be eligible donors? Further, do juveniles have the right to donate their own organs? Moreover, do juveniles’ parents have the right to donate their children’s organs after their children’s death?With those questions above and in order to protect special legal subjects’ right, this dissertation aims at analyzing the emerging legal issues with respect to the juveniles’ legal capability of donating their organs from aspects in terms of the specialty of organ donations and limited civil ability and right of juveniles.There are four parts of this dissertation:As background, the first chapter introduces the context and situation of organ donation. There are three ways in which organs exist: in a living body; separated from human’s body and organs of dead body. It is quite obvious that each way of the existence of organ is different from each other, especially with respect to legal nature. In specific, when a part of organ is pertaining to a living person, the legal nature of organ is the subjective carrier of the right of personality. However, other ways of organ’s existence, the legal nature of organ is in rem of property.The following paragraphs illustrate the juridical status of juveniles. Basing on the existing articles of Chinese civil law, this part analyses disposing capability and legal capability. Further, it concludes that even with the absence of the articles’ supports, still, juveniles have abilities to perform more activities than which the existing law endowed.What is more, in order to discuss the position of juveniles’ civil right and capacity, the third part sketches out that nature person has integrate right of personality and expanding rights of personality along with the development of society. Nonetheless, juveniles have no such integrated right of personality due to the limited ability of consent. That is why juveniles are limited in civil participation. Moreover, limited ability of consent and circumscribed autonomy of will always bring about guardianship. Guardianship could ease the limited ability of consent and circumscribed autonomy of will. The imperfect right of juveniles also results in tutelary.Focusing on the imperfect entitlement of juveniles in China, the forth part analyses the defected disposing capacity regarding the under age organ donors. Further, this part designs a mechanism that uses the tutelage to replenish the imperfect of the limited ability of consent and circumscribed autonomy of will of juveniles: juveniles can have the full right of disposition and the right of consent if their behaviors are supervised by an adult who are entitled with full right of disposing. Nevertheless, while the guardian has responsibilities and right to supervise juveniles, the guardian has to respect the will of whom he supervised. If there is an disagreement, the guardian should had over the disagreement to a third party for the sake of maximizing the interests of under ages. Finally, this dissertation concludes that the organ donation from juveniles shouldbe protected, even they are endowed the limited ability of consent and circumscribed autonomy of will. Protections should be undertaken from aspects in terms of mechanism of compensation and the evaluation of capacity of discernment.