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A Study Of Brain Death Legislation

Posted on:2016-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y J HaoFull Text:PDF
GTID:2336330503964453Subject:Law
Abstract/Summary:PDF Full Text Request
There are two kinds of death standards in clinic which are traditional heart death and modern brain death with the conception of brain death appearing and spreading. Then double death judgment standards exist in biology and law. All rights of human come from lives. So indetermination of death causes new problems in many fields normalized by current legal system, such as life rights, property rights, marriage relationship, family obligations, inheritance, agency relationship and work-related injury certification of civil law. This kind of situation also appears in criminal conviction. Lacking of a unified death standard leads to the difference of law application in juridical practice. Recently the brain death determination has existed in organ transplantation operation in P. R. China. And related cases shall be more and more. Then there should be legal norms about brain death to regulate clinical activities. Brain death legislation is a consequence trend. There is still not a final result about brain death legislation in P. R. China with lots of appealing to it for a long time. The most important resistance is the public's acceptance degree about brain death and thinking about risk of illegal operation based on organ transplantation and other profits during brain death clinical judgment. In the dissertation, the feasibility of brain death legislation is analyzed based on scientificity of brain death, objectivity of brain death judgment standard and popular base in our country. At the same time consensus and difference about brain death legislation model and judgment standards is comparative researched at home and abroad. Brain death law should be made as special legislation by the National People's Congress with the single death standard according to reference of mature experience and our true national conditions. It should contain applicable principles, judgment procedure and management standards. The purpose of the study is providing feasible suggestion for drafting and issuing “Brain Death Law”, which can balance the interests of the parties and availably prevent the moral hazard during brain death judgment. Also it can promote advance in medical science and law mean while from the conceptual level and the level of technology.
Keywords/Search Tags:brain death, legislation, single death standard, study
PDF Full Text Request
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