The Thought About The Human Organ Donation In Civil Law

Under the current medical condition, we can pick organs from the body or corpes for the patients in order to replace the failure organ and continue their lifes and the technology of this continues to mature. Howerer, the pre-condition of organ transplation must have legal supplies of organ. Human organ donation which can be seen as the symbol of the mutual of human society with great significance, is the legislation of most countries generally agree that the modes of supply. On the contrary, compared with foreign theory and legislation, there are many defects in theory and legislation that result in slow development of human organ donation. The author focuses on discussing on the legal nature and attribution of human organ, the definition of human organ donation, the legal nature of the human organs donation, the characteristics of the human organs donation, the legal effect of human organ donation, putting forward the conceptionon of China’s human organ donation legislation with crurrent situation of China in the end, to promote sound development of China’s human organ donation. This article mainly divides into four parts:The first part:The legal nature and attribution of human organ donation. Starting from the definition of human organs, this article deeply analyzes the legal nature of the organs existing in the living body or corpse, and make clear the rights of attribution of different human organs.The second part:The general theory of human organ donation. With the law defines the connotation of human organs as the basis, the aiticel deeply analyzes the legal nature of the of clear the donation of human organs, distinguishes the organ donation and general donation. Finally, it come to the conclusion of theoretical basis of the human organs donation.The third part:The legal effect of the human organs donation. The paper entries into force of the conditions from the angle of the donation of human organs, specific analysis of the main body, the human body organs donated human organ donation meaning and human organ donation subject, and discusses the donation of human organs for donor, recipient, medical institutions have the relationship of rights and obligations.The fourth part: The conception of China’s human organ donation legislation. Throughing the introduction of human organs donation legislation situation in our country, the article analysis China’s problems of human organ donation legislation, and makes a design for China’s human organ donation based on the system above.