| The right to determine the donation of the human body to the close relatives is the right to dispose of the deceased’s body by the close relatives of the deceased.The deceased’s body is donated by close relatives to specific organizations and institutions.The way is more noble and selfless.Article 1006 of the Civil Code grants close relatives the right to donate on their behalf,which is a positive response to the social needs of the Civil Code.However,the Civil Code still does not provide practical solutions to the problems exposed in the past practice of human donation,such as the narrow scope of the subject of close relatives,the validity of the right to decide between the individual and close relatives is unclear,the lack of necessary connection between rights,and the imperfect supporting system,etc.This is likely to lead to infringement of the will of the deceased,the rights of close relatives are improperly amplified,and when the legal rights of close relatives are violated,there is a lack of effective system for relief and protection.This article believes that in view of the problems existing in the donation of human bodies by close relatives,we must first expand the main scope of the decision-making power of close relatives.This will not only help increase the number of donations of remains and organs,but also form mutual supervision and restriction within close relatives.The clarification of the order can effectively solve the problem of who decides to donate;secondly,clarify the rules for the exercise of the decision-making power of the close relatives,regulate and correct the rights of the close relatives,so that the rights and interests of the deceased will not be infringed;finally,through the improvement of the right of informed consent of close relatives,and build a more complete rights protection system,such as increasing compensation and incentives for close relatives,so that close relatives can exercise their rights more confidently,thereby alleviating the gap between the huge demand for organs and insufficient supply contradictory purpose. |
