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The Law Rules of Organ Donation

Author: ZuoJing
Tutor: JiangYuMei
School: Southwestern University of Finance and Economics
Course: Economic Law
Keywords: Organ donation Living body organ Corpse organ Legal attribute Law rules
CLC: D922.16
Type: Master's thesis
Year: 2008
Downloads: 395
Quote: 2
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Abstract

Donating organ is most important tache in the course of organ transplant, so the right of donator should be placed in the first place.This article has first analyzed the human organs contribution law rules and regulations necessity. Pointing out the absence of provider organ has baffled organ transplant, and in the course of organ donation, the providers’life and health are liable to be harmed, so the right of donator should be strengthened. Because of comparative lag about lawmaking, the <ordinance of the organ transplant> only ordain the behavior iatric organization, so enhancing the rights and interests of donator is essential.Then the article analyzed the attribute of living body organ and corpse organ. Indicating the organ inside the body is the physical carrier of personality, organ donation incarnates the right of body. The organ divorced form body is substance, it not only has universality character of substance, but also has different attribute .the article demonstrated the feasibility, rationality and validity of the organ divorced from body being substance. And the article argued the corpse organ being substance by contrastive method , but it contains personality interest and societal ethic and morality ,so the protection of living body should be put up the human dignity.Afterwards, analyzing principle and system of organ donation .the donator and donee should know the information about organ transplant, and decide to whether donate organ or accept surgery. For the principle of the forbidding exchange of organ, exchanging organ breach ethic, go against the life and safety of donee. This article also pointed out that, the organ transplanting permit system, originates the review mechanism for the acceptor state of health investigation appraisal system and the organ to be possible to safeguard the principle of legality which the organ contributes to be able to realize.This article specifically to analyze the legal rules and regulations which the living specimen organ contributed. The bodily organ is the natural person exercises the bodily power object, but this kind of bodily power is restricted, only then the completely civil capacity talented person can make contributes oneself body organ the decision, the minor and the mental patient cannot become contribute the organ the main body. Speaking of the organ devoiced from body , its initial property rights belong to before the separation contributor, when the contributor decides the organ contribution for medical establishment or the concrete individual, then its property rights separately will finally belong to the medical establishment or individual. When the medical establishment becomes the organ devoiced from body property rights the main body, its may finally decide user who presents as a gift the organ, and must defer to fairly, fair, the public principle carries on the assignment to the organ, does not have to be engaged in the organ transaction or in disguised form organ transaction and so on. When is presented as a gift the main body is specific individual, when the organ implants safely presented in vivo, he can obtain the property rights.Finally, this article has analyzed the legal rules and regulations which the corpse organ contributes. Pointed out the corpse the property rights obtain by decedent’s close relative, and the property rights obtain the way are special obtain the way primitively by the legal direct stipulation one kind. The dead close relative does not enjoy the complete property rights to the corpse, but is restricted. Says specifically, the dead relative must respect dead before death last wish to the corpse punishment, only then when the dead in has not before death made the explicit indication to its remains, the close relative is authorized to make the decision. Under certain legal situations, the specific institution is authorized to the corpse to carry out the punishment. When the corpse property rights have the dispute, must defer to the consultative consistent principle to carry on . And from the civil law, the criminal law, the administrative law angle the relief way which contributed to the corpse organ has carried on the concrete analysis.

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