Research On The Civil Law Protection Of The Rights Of Donors And Recipients In Living Organ Transplantation In China

Living organ transplantation is the product of social development,is the inevitable trend of The Times.Living organ transplantation technology is not only a milestone in the field of medicine,but also a sign of social progress.Its emergence,saved the lives of patients with severe and well-being for the majority of patients.In recent years, with the continuous improvement of medical operation technology, the rapid development of medical drugs, living organ transplant has become the routine treatment of end-stage disease viscera function failure.Countries around the world have also started to legislation of living organ transplantation, and to establish the relevant supporting system.At present, most countries already have legislation on living organ transplantation, such as the United States, to all the issues related to organ transplantation include "the organ transplants," guiding citizens legal organ donation behavior.Other countries will issue related to the living organ transplantation, respectively formulate corresponding laws and regulations.Either legislative model, are of living organ transplantation donor, acquisition, distribution, transplantation and so on various aspects has carried on the comprehensive regulation.But,with the development of living organ transplantation technology,causing some unethical,illegal and criminal behavior,such as stolen the behavior of the organ,not only affect the normal social order,also seriously violated citizen’s personal right to health.In order to effectively protect the civil rights of the parties.This is not the needs of the development of living organ transplantation in China,is also the inherent requirement of perfect our country under the rule of law.Based on civil legal relationship as the main line,this paper will be involved in the living organ transplantation by donor in the framework of civil law relations,through the study of legislation abroad,compared the shortage of the existing legislation in our country,draw lessons from foreign experience,the study of all aspects of living organ transplantation,to ensure that effectively ensure the legitimate rights and interests of the donor.Living organ transplantation involves the tripartite man body,and the different legal relations formed between different subjects,this paper mainly studies is the donor in living organ transplantation,combined with national legislation and practice of the donor’s rights violations of the status quo,advice to perfect our legislation,especially to make live organ transplants,clear the rights and obligations of the donor as well as responsibility regulation problems,and the practice of living organ transplantation to specify the cross migration issues.At the same time,it is necessary to establish all kinds of legal system related to living organ transplantation,guarantee the effective implementation of the legislation of living organ transplantation,reduce all kinds of disputes problems in living organ transplantation.