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Research On The Legislation Of Human Organ Donation In China

Posted on:2021-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:C J ShiFull Text:PDF
GTID:2416330623970786Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Human organ transplantation is a new medical technology with the continuous development of science and technology.It changes the relatively traditional medical treatment and provides a new way for the continuation of patients' lives.China's organ transplantation technology has made rapid progress since the 1960 s.Of course,the relevant legislation of organ transplantation has also emerged.This technology started not early in our country,but it develops rapidly,so it needs to be regulated by the relevant legal system which adapts to its development speed.At present,the relevant laws on human organ donation are not complete in China.Facing the series of organ transplantation problems with outstanding dates,it is urgent to point out the direction of development through legislation.Starting from the issue of legal attribute of organ transplantation,this paper makes a clear exposition,reaches a consensus on relevant issues,further analyzes the rights of relevant subjects,combines the legislative status of various countries and regions,follows the basic national conditions of China,and pays attention to the rights protection of relevant subjects.Through the research on the legislation of human organ donation,this paper provides new ideas for the long-standing disputes in the theoretical circle,and also provides solutions for the related problems in the practice.The compilation of the civil code also has a heated discussion on the relevant issues of human organ transplantation,which shows that the solution to this problem is urgent.At this stage,the public is eager for the technology of human organ transplantation,hoping that the application of this medical technology can continue human life and solve the pain of human body.In order to improve the standardization of the application of this medical technology,protect the legitimate rights and interests of the relevant people,and improve the relevant civil legislation is imminent.As far as this research is concerned,the main innovation points of thispaper are mainly concentrated in six aspects: first,take the civil law legislation as the breakthrough point,refine the research scope,grasp the main contradictions and clear the controversial points.Second,pay attention to foreign legislation,combine with the relevant systems of typical other typical countries,give a localized interpretation,through the comparison and research of the relevant issues of typical countries and regions,combined with the basic national conditions of China,put forward new ideas,pay attention to compensation issues,and encourage the establishment of incentive mechanism.Third,the professionalization of management institutions and the professionalism of relevant staff.Fourth,we should make clear the application of the standard of brain death,as well as the limitation and guarantee of the rights and obligations of related subjects.Fifthly,we should attach importance to invalid transplantation,and put forward some suggestions on the problem of too much power of donors to revoke.Sixth,starting from the reality of life,after analyzing and comparing the legal provisions of human organ transplantation in various countries and regions,combined with the basic national conditions of our country,this paper puts forward practical solutions for the rights of both donors and recipients.
Keywords/Search Tags:Organ transplant, brain death, legal effect
PDF Full Text Request
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