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Protection Of Donor Rights In Cross-Transplantation Of Organs

Posted on:2020-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y DengFull Text:PDF
GTID:2416330623959369Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Due to the narrowing of the scope of close relatives in modern society,the source of suitable living organs is reduced,and the source of organ transplantation is very scarce.How to expand the source of donor organs for transplantation through reasonable and legal means is an important practice facing this problem.Cross-transplantation of living organs is an important practical exploration to solve this problem.Cross-transplantation of living organs is not only an important field of medical research,but also a medical technology closely related to bioethics.On the one hand,organ cross-transplantation expands the range of eligible donors for living organ transplantation and solves the problem of lack of available transplantable organs.On the other hand,the controversy over ethical choices caused by the intersection of organ transplants has triggered intense discussion and close attention from all walks of life.Is organ cross-transplant legal? How to understand the difference between organ cross-transplantation and organ sales? How to identify a suitable donor in organ cross-transplantation? How to protect the legitimate rights and interests of donors in organ cross-transplantation with informed consent? How to reduce the damage of the unbalanced party when the donors of the cross-transplant are unbalanced? These problems pose new challenges to living organ transplantation.The article focuses on the protection of donor rights in organ cross-transplantation,and analyzes the relevant civil legal issues in organ cross-transplantation.At the same time,it also puts forward relevant suggestions in order to solve the above-mentioned problems.This article is divided into four parts:The first chapter analyzes the impact of organ cross-transplantation on common organ donation.Based on the connotation of organ cross-transplantation,the basic conditions and special features of organ cross-transplantation are analyzed.The legitimacy and rationality of organ cross-transplantation are discussed,so as to further analyze the speciality of organ cross-transplantation,the selection of common living organ transplantation in donors,The relationship between donor and organ receptors and donor autonomy.The second chapter discusses the scope of organ cross-transplant adaptation donors.To clarify the scope of suitable donors for transplanted organs in organ cross-transplantation,and to analyze the scope of application of the term "relatives" in organ cross-transplantation,and to explore the cross-transplant donors of spouses and minor children in "close relatives" The influence of identity discusses the identification of the appropriate donor identity for organ cross-transplantation in the “adopted children” and “ step-child ” identities.It is concluded that the range of suitable donor cross-transplantation should be in accordance with the close relatives in the civil legal relationship.The duration of the marriage relationship and the length of adoption time have an impact on whether the identity of the organ cross-transplant donor is appropriate.The third chapter discusses the right of informed consent for organ transplant donors in organ cross-transplantation.Informed consent is a very important right for donors in organ cross-transplantation.Firstly,the basic issues such as the necessity of donor informed consent and the specific content of rights in organ cross-transplantation are analyzed.On this basis,a more in-depth analysis of the right to informed consent of organ cross-transplant donors was carried out from the exercise subject and exercise mode of the right.Finally,the adverse effects on the donor's informed consent rights when questioning the identity of close relatives in organ cross-transplantation.The fourth chapter proposes a solution to the practical problem of insufficient protection of organ cross-transplant donor rights.When the compensation mechanism of donor interest imbalance in organ cross-transplantation is proposed,when there is an imbalance of donor rights in organ cross-transplantation,the rights of unbalanced donors should be compensated in time to achieve the purpose of protecting the rights of donors.At the same time,with the right of informed consent of organ cross-transplantation for receptors,the specificity of the damage of donor rights and the rights and remedies of different stages were expounded.
Keywords/Search Tags:Cross-Transplantation of Organs, Range of Donor Relatives, Informed Consent Right, Protection of Rights
PDF Full Text Request
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