Research On Legal Issues Of Donor Donation

Body donation refers to the behavior that the dead himself or his close relative donates all or part of the body to the medical institutions or medical education institutions voluntarily. In our country, the level of law on the body donation legislative is low, at present it is only local level of legislation, and not the unity of the national level of legislation, in legal subject, object, the donor’s rights protection, humanitarian and compensating, there are many problems. Donation rate remains relatively low in our country. On the basis of the comparative law practice at home and abroad, this paper puts forward some ideas to the body donation legislation of our country, in terms of donation subject, should be to expand the range of close relatives, who have donated, respect the wishes of the deceased himself, cannot because of close relatives’ will ignore the will of the deceased; In terms of the object, should be ruled out no use value, the rotten body or limbs, and include the brain deaths, clear brain death standard in legislation; Protect the various rights of donors and their close relatives, the introduction of principle of liability without fault; For affirmation and praise the donor’s selfless behavior, should be of a certain of donors and their close relatives humanitarian compensation system...