Legal Research On The Transplantation Of Human Organs And Tissue

The development of bio-hi-technology in transplantation of organ s and tissue brings humankind not only blessedness but a series of d isasters also. In modern society, there is not a clear boundary betw een goodness and evil. As the most fundamental moral criterion, law mainly functions to clarify this ambiguity for preventing and punish ing those behaviors intended to harm the hummanbeings.Based on the above consideration, this paper discusses a series of legal problems related to transplantation of human organs and tis sue.There are four chapters altogether in the paper. Foreword at the very beginning and conclusion at the end integrate the whole paper.In the foreword, the writer shows the reasons that he chooses th is issue.The first chapter looks back upon the history of the transplanta tion of human organs and tissue and takes a careful consideration in to the relevant problems on ethics and technologies, holding that'hu manbeings should not be restricted in "tool sense" or in "technol ogy sense" .The second chapter, with the title of legal essence of human org ans and issue, discusses the following four aspects: the history anddevelopment on the concept of res; the legal essence of human organ s and tissue; rights on human organs and tissue; and protection of t he organs and tissue of criminals with a death penalty.The third chapter, with the title of legislation of human organsand tissue, gives a general description of the legislation situatio ns in several other countries at the beginning, and puts forward som e suggestions for China' s legislation rules and ways in this field with a consideration of China' s present situation.The fourth chapter analyzes the legal problems in detail on tran splantation of human organs and tissue. Starting with the discussionof the significance and necessity of the standard-establishment forbrain death, this chapter with that explains the legal essence, way s, requirements and the acceptance of donation which is the chief ap proach to get human organs and tissue, as well as the issues on the keeping and use of donated human organs and tissue with an emphasis imposed on the patients' rights of knowing. Free and over use of tr ansplanted human organs and tissue fails to compensate donators in 1 ine with the rule of commercial economy and the principle of fairnes s. In view of this, the author of this paper brings forwards an assu mption of obtaining human organs and tissue with money through a dem onstration of its rationality and a correlative system design.In the end, the author indicates his strong and favorable desirefor people' s more attention to the problem on the transplantation of human organs and tissue.