The Children's Right Of Self-Determination In The Remains Donation

With the development of medical science and technology and social thoughts of people,even though different nations with various culture have different views of organ transplantation and remains donation,the fact we cannot deny is that the donation of human bodies has been accepted gradually all over the world.The issues of donation of bodies started late in China than other western countries,and related laws and regulations are still not so completed,which is the reasons that donation bodies in China has some risks and hidden dangers.Especially,both of remains donation of children and children's right of self-determination are typical lacuna,which reflects not only the lacuna of laws and regulations but also the lacuna of the theoretical basis that how to estimate the capacity of one juvenile to donate the remains.In the views of the above,this dissertation is to discuss the capacity of consents of children,from the views of remains donation.In spite of the preface and epilogue,this dissertation is composed of the following four chapters:Chapters one is about the legal nature of remains.There are different views of the legal nature of remains,such as traditional thoughts of personality rights,radical thoughts of property right,creative thoughts of organs rights and others,among which the thoughts of property rights(similar to the rule of property)has been widely acknowledged by common-law countries.Most countries regulate that remains donation can be done in the range of public order and moral,but the problem of the rights of deciding remains donation arises.Chapter two is about the legal regulation of remains donation.The right of deciding to donate or not donate the remains normally belong to the defunct or the near relatives,and western countries normally set the modern of priority and the modern of self-determination to solve the problem of conflicts of such two rights.There is not specific laws and regulations in China,but set the modern of priority to solve the problem in practice.Chapter three is about the legal regulation of children's self-determination of remains donation.Many national legislation recognizes the children's self-determination of remains donation,it also stipulates two aspects: the age of consent to donation and the system of consent to donation.In China it regulates the capacity of the people who is in the willing of remains donation,which has led to the result that children have the right to donate the remains but without the corresponding legal result.But if the right of remains donation of children is denied completely,there would trigger some risks of society.Chapter four is about the children's self-determination of remains donation.There are capacity of civil conduct and understanding capacity to estimate children's capacity of consent.This dissertation is to compare such two standards,to clarify the importance of children's negation right of remains donation,and it stands for that the estimation of children's capacity of remains donation should be analysed in every detail cases which more fits the values of children's capacity of conduct,countries that adopts the standard of capacity of understanding also set the evaluation system.China can adopt the theory system of estimating children's self-determination,and make related laws and regulations,to set up a completed system,and finally to protect the freedom and legality of children's self-determination.