Study Of Infringement On Human Organ Transplant

Organ transplantation has become the most important treatment of organ damage in patients, but according to data released by the Ministry of Health,the legitimate organ of origin can not meet the needs of patients. Shortly supplied organs, high cost of organ transplant surgery result in violations. Based on organ transplantation Infringement, tort reason, in order to identify the relevant regulatory violations, to determine the method of tort liability.The first chapter discusses the scope of an organ, according to China for organ transplants definition, limited organ "Organ Transplant Ordinance" for the heart, lungs, liver, kidneys or pancreas and other organs, and anchored defining discussed herein the type of organ transplant, according to different classification criteria, mainly for allogeneic transplantation, living donor organ transplant, cadaveric organ transplantation and organ transplantation active life.The second chapter of the violations are the type of analysis, each separately listed entity might suffer from infringement of four donor, recipient, body, medical institutions, their rights have been violated and mainly the right to life, health, physical power, the right to information, privacy, reputation and personal affairs to self-determination.The third chapter is the key part of this paper focuses on the causes of infringement and violations identified. Which involved death and brain death dirty dispute, organs and legal property ownership, legal property and ownership, organ donation contract with the similarities and differences between the bodies of the donation contract and other issues. In this paper, the academic debate on these issues were summarized views and sort, and put forward their own ideas.The fourth chapter describes the relevant provisions of the Human Organ Transplant assume the tort liability of specific ways, according to China's "Human Organ Transplant Ordinance" and "Supreme People's Court on hearing personal injury compensation cases interpreting the law applicable to a number of issues", in particular bear the main mode direct damages, indirect damages and compensation for moral damage.Base on the reasons for the infringement, the author proposed legislative proposal that China should establish a single brain death outside the legislative organ transplant law, a written and oral means of ensuring the right to revoke donor, establish human organ transplant legislation, as well as in law prescribed source of organs of censorship and prohibition of the sale of human organs.