On Human Organs Transplantation Of The Civil Law

Human organ transplant medical technology since the20th century is one of the greatestachievements in the development of, it not only makes people have more chance to fightdiseases, but also played the effective protection of each patient equal opportunity, to preventunjust distribution of organs, and organ trade behavior. But at the same time, the human bodyorgan transplantation also brought many legal problems. In civil law ways, mainly related tothe nature of human organs, organ donation agreement and effectiveness, the properties of thelegitimate rights and interests as well as donors and donor issues. However, judging from thepresent legislation situation in our country, although the state council issued in2007thehuman organ transplant ordinance, but the rules more focused on the content of themanagement level, and the civil law is the rules of the coarse leak, in respect of China’s civillegislation, regulations on human organ transplantation is considered. The lack of legislationleads to problems in practice it is difficult to properly solve. So it is necessary to draw lessonsfrom the legislation experience of other countries, and with the aid of basic theory of civil law,civil law questions of human organ transplantation in more depth. Paper is divided into fivechapters, respectively from the human body the general issues of organ transplantation, organtransplantation of subject, object, human organ donation agreement and the rights of theparties shall be discussed five aspects. Specific content as follows:The first chapter is the introduction part of this article. The content of this part containsthree aspects: first, to the human body organ transplant civil law issues discussed in this paper,the purpose and significance of the study shows that at present the human organ transplantcivil law has important theoretical and practical significance; Second, mainly from thedomestic and foreign research status on human organ transplantation were analyzed. Throughthe analysis about the present situation of domestic and foreign organ transplantation, showsthat in the legislative system is not enough perfect, organ transplantation in our country atpresent stage need to be further improved in the future; Third, mainly is to write the researchideas and research methods and innovation points of this paper. Chapter ii from the basic concept of organs and organ transplantation, the basic meaningof analyzing the type of organ transplantation. Human organ transplantation inevitablyinvolves the related legal problems in the process, so we need the law to adjust, this partmainly discusses from the aspects of civil law, and analyses the basic principles of organtransplantation, and to further prove that organ transplant is a noble moral behavior. Thereforethe parties shall in the principle of informed consent and voluntary principles under thepremise of organ transplantation, at the same time also can’t illegal medical ethical principles.Finally a brief overview of the organ transplantation for domestic and foreign research presentsituation, from the status quo at home and abroad to find out deficiency of organtransplantation in our country, the need to further improve in the future development.The third chapter mainly studies the main body of human organ transplantation. Mainlythrough the study of organ transplantation is necessary to analyze the subject. Transplant thebody of the main donors and donor, donor is refers to the party as a donated organ shall havequalifications, but also for as a special donor body organ donors, under what circumstancescan the donation of body organs this paper do analysis. Sentenced to death of donor organs isnot right to life because of its deprivation losing to your body. Thus concluded that the mainbody of human organ transplantation is not only a natural person, must have thecorresponding condition, also have to be certain limits.Fourth chapter in the third chapter on the basis of analyzing the object of the graft. Theobject is one of the constitutive requirements of civil legal relationship, in the civil legalrelationship plays a very important role. Similarly the object of organs for transplantation, inthe process of organ transplantation also play an important role. So is described in detail inthis chapter, the legal nature of organ and its corresponding rights of ownership. In explorethe legal attribute of organs, also analyses its differences and common object, mainly becauseof human organs has strong personal attributes, the points in the study of legal attribute needshould be treated differently. Think live organ is part of a person with strong personalattributes, not has the nature of things, and their rights should belong to all donors; For invitro organ, shall have the properties of content, the right attribution should be points situation treatment; Body parts also has the property of material, and its close relatives to enjoy certainrights.Chapter5from the effectiveness of the human body organ donation agreement. Whichanalyses the nature of the human body organ donation agreement, reached the organ donationbehavior is a kind of similar to the gift, but it is still different from the gift of a special type oflegal action. To analyze the effectiveness of the human body organ donation agreementconcluded that human body organ donation agreement shall have no effect of compulsoryexecution, but is not to say that the donation agreement was largely invisible, still should beconstrained in other ways, the last of this chapter analyses the right of revocation of thehuman organ transplant donor in question. That organ donation which has the nature of publicwelfare, but the human body organ donation behavior involves donor body rights and theright to health, not to one’s health to damage another person’s health, so as to launch in thehuman body organ donation donor have cancellation right.In the sixth chapter mainly from the human organ transplant parties of civil rights andtheir protection is introduced. Analysis of the rights of the parties shall respect by medicalpersonnel and others, for infringement of its rights shall be by the corresponding punishmentand so on. This fully embodies the respect for and protection of the rights on the parties.