The Research On The Decriminalization Of Minors Living Organ Transplantation

Nowadays, the minors living organ transplantation has been a highlight of the world, because it concerns the right of life, and irreversible once executed, therefore, the minors living organ transplantation is deemed as a very serious issue. The common values nowadays are kept changing with the medical technology advancement and social progress. In recent years, there are more and more supports towards the minors living organ transplantation, which makes it necessary to treat this topic more seriously.It is almost a huge challenge to all the countries that whether the minors living organ transplantation should be legalized. Currently, there are different opinions on the definition of euthanasia. The difference in the judgment on minors’ capacity to consent also means the difference in scope, and this will greatly influence the legalization of the minors living organ transplantation. On the other hand, the minors living organ transplantation need consider minors "best interests", so the difference in the judgment on the best interest and will influence the legalization of minors. Thus, in the criminal law, the victim’s commitment and emergency hedge can be used as the current cause of the crime of juvenile organ transplant in our country is worth exploring.This article attempts to expound the minors living organ transplantation, combs the domestic and foreign about the minors living organ transplantation legislation, and further to adult living donor organ transplantation of criminal law issues analysis, and put forward the minors living organ transplantation law rules and regulations improvement suggestions. This article argues that, under special circumstances, the minors living organ transplantation can be non-criminal, and by minors organ transplant related system with to realize legal regulation of the ultimate goal.