On Rights Attribute Of Blood Donation

For the study of the current unpaid blood donation system,more focused on medicine or public management field,the research field on the issue of law is less,for the blood donation behavior nature research is scarce.Relevant research results in the thought that blood donation is an obligation,few regard it as a right point of view.This article attempts from the perspective of ethics,and jurisprudence perspective to demonstrate blood donation is a moral and legal rights.By carding and summarized the development history of blood donation system in China,system of blood donation has experienced from the paid blood donation to donating blood,from donating blood to unpaid blood donation.Blood contains the values change,institutional changes reflect the changes of our country's definition of blood donation behavior nature.Blood donation behavior nature on the system confirmation is not widely Shared,Especially in the Law of the People's Republic of China on Blood donation enacted until now,local regulations and the relevant units and departments still will donate blood as an obligation to do so.Investigate its reason is that people's values have not change,people did not really understand the legislative spirit,it is necessary to deeply explore the nature of the blood donation behavior,in order to help change people's thoughts and further the practice of guarantee system of blood donation without compensation.From the perspective of substantive law,the legal system for blood donation specification with a "voluntary" "encourage" is not compulsory specification characteristics such as nature of lexical expression of blood donation,suggests that the blood donation behavior in our country is not recognized as a legal obligation.The setting of the legal obligations more reflects a certain behavior on the ethical moral claims,and blood donation is an act of sacrifice oneself in rescuing others,so the blood donation behavior morally should be an altruistic behavior,or amoral behavior,and it shall not damage the moral obligation of others have very big distinction.Do not have moral mandatory behavior,be law imposed as a legal obligation,obviously is not reasonable.Therefore blood donation act also do not have to rise to the possibility of legal obligation.Blood donation behavior on the ethical and moral level does not belong to moral obligation,it is a kind of altruistic behavior,the behavior in essence belongs to the moral of desire,is a virtue.Moral rights include the right not to abuse by others and are not subject to any interference with the act of rescue someone's freedom,which are not subject to any interference with the assistance of others behavior is actually altruistic behavior,therefore the desire of moral behavior included in the moral rights.Obviously,blood donation is a moral right.Legal rights reflect the pursuit of moral interests.As a moral right,blood donation has the possibility to rise to legal rights.In terms of the legal system for blood donation specification,also use authorization norms to regulate blood donation,so the blood donation is actually a legal right.The life of law lies in implementation,as well as rights.The right of blood donation behavior attribute is clear.In order to ensure the implementation of blood donation rights,to solve the problem of "the blood shortage" as soon as possible,promote the development of blood donation,promote the development of blood donation,we need to set up and perfect the corresponding supporting system.Rights can not be forced,otherwise it doesn't matter right.Different from the obligation of promoting performance of the need to set up the corresponding responsibilities,to promote the realization of the rights is should rely on the corresponding incentives.At the same time,no right without relief,to promote the realization of the rights it is necessary to design the related relief system.In addition,in practice,there will inevitably be some changes in the system,which need to be complemented by the corresponding monitoring mechanism to ensure the effective implementation of the system.Therefore,the realization of protect the rights of blood donation system design should include the rights incentive system,the right remedy system and supervision system.