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Research on Civil Issues of Organ Transplantation

Author: HeLiNa
Tutor: XuMingYue
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Organs Organ transplantation Organ donation Legal relationship Rights
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 65
Quote: 0
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Abstract


Organ transplantation as the last medical treatment for organ failure, has not only made a great impact on medical science, but also brought new challenges to law, especially the civil law. How to adjust and regulate the act of organ transplantation is now a new task facing the civil law.Through field research, data collection, and the use of the basic theories and methods of law, I did some analysis and research on the involved issues of organ transplantation in civil law, and some theoretical discussion on how to improve the legislation of our country on organ transplantation.Besides the introduction and epilogue part, this article includes the following sections:The first part is about organ transplantation and the necessity of adjustment of relative civil law. In this part, I first mentioned some basic concepts involved in this paper, and then focused on the analysis of the development of organ transplantation in our country, coming to the conclusion that the chaos of organ transplantation is caused by the lack of law. Finally, I proposed that the improvement of the law is an objective requirement of the regulation of organ transplantation.In the second part, through the study of foreign, I summarized the experience of foreign legislation on organ transplantation, and then concluded the enlightenment to the legislation of our country.The third part discussed the development of organ transplantation legislation in our country and did some assessment on the only legislation of our country.The fourth part discussed the basic several problems which must be specified to improve the civil legislation on organ transplantation. The paper did some specific discussion on the legal status of human organs, the protection focus of legislation on organ transplantation (the legitimate rights of the body), the legitimacy of transactions and intermediary transactions, the relationship between organ transplantation and the standard of death, as well as other basic problems related to organ transplantation.The fifth part discussed the idea of improvement of civil legislation on organ transplantation in our country. It gave out the author’s suggestion on the improvement of civil legislation on organ transplantation, mainly from the aspects of fundamental principles of civil legislation on organ transplantation, legislative models and system construction.

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