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Study on the Human Organ Transplantation by the Administration Law System

Author: LiuShu
Tutor: YangLiJuan
School: Northeastern University
Course: Constitutional and Administrative Law
Keywords: Organ transplantation Administration law system Brain death Clone
CLC: D922.16
Type: Master's thesis
Year: 2009
Downloads: 79
Quote: 0
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Abstract


Organ transplantation is one of the greatest successes in the modern medical science and technology, the development of human organ transplantation in our country is very fast, China has become a leader in some respects in the organ transplantation technology areas, but there are some problems shouldn’t be neglected because of the lack of the related law system and the valid administration control in organ transplantation.This article adopts the methods of comparison and drawing lessons, beginning with the purpose for the maintenance of the organ transplant order, the author pays more attention to the problems of the extension in transplantation organ source and the fair allotment of organs to transplant, and analyze the shortage of the controlling on organ transplant carried by the civil law and the penal code, therefore, puts forward the necessity of the administration laws system and the concrete counterplans on human organ transplantation.The thesis is divided into six chapters totally. Chapter one, is the introduction of background of the article, the research meaning, the cultural heritage overview, main contents, the research methods and creative suggestions. Chapter two, the author mainly introduces the technique development, definition, value, classification of the human organ transplant, and the theoretical basis of administrative control. Chapter three, the author introduces the problems existed in the transplantation organ to be provided for the body source, organ bargain and administrations in three aspects, and analyzes the reason in three layers from the traditional idea, assigned standard and the law system. Chapter four, emphasizes that the brain death lawmaking, the construction of organ transplant procedure and the development of high-tech science are important apocalypses to our country by drawing lessons from typical model system of the United States, England, Spain and Japan. Chapter five, the author bring forward the legislative proposals and specific measures of administration laws system in human organ transplant. Chapter six, conclusion, the author indicates the attention and outlook for the administration laws system carried on the human organ transplant.The innovation is:first, the concrete analysis and discussion on the behavior of transplant in the angle of administration law relation; second, suggestion on extension in the supply of the human organ for transplant by the collection, the contract and compensation of the government; third, it’s advisable to solve the quantity and quality problem in the human organ transplant by affirmation of commercialization of cloning organs through legislation.

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