Civil Legislation Of The Study Of Organ Transplantation

Organ transplantation,as a new medical technology in the field of humanmedicine since twentieth Century,has brought revolutionary changes to heal thewounded and rescue the dying,with pioneering era.Organ transplantation changedthe traditional treatment methods,lit the hope of life for many patients with incurabledisease,many patients had intractable to rehabilitation,giving people a second chanceat life. However,organ transplantation in the benefit of mankind at the same time,also causes such as moral and legal issues.In order to better enjoy the organtransplant this new technology bring us benefits,avoid possible risks,this paperfocuses on the regulation of organ transplantation in China from the perspective ofcivil law.This paper consists of introduction,text and epilogue three parts.The first part is introduction. Through the brief introduction of organtransplantation,named the research background and purpose.The second part is the text.This part is the focus of this paper,including thefollowing three chapters：The first chapter is the summary of organ transplantation.In this chapter,thispaper starts from the concept and classification of organs and organ transplantation,according to relevant rules promulgated by the State Council "Human OrganTransplan Ordinance". It is to define the scope of the study of organtransplantation.According to news reports and other various information,to introducethe status of organ transplantation in China,analyzes causes of the phenomenon,inorder to find out the answer to the question. At the same time,current situation oflegislation for organ transplantation is representative and reference of the state of theUnited States,Japan,Singapore etc. were introduced,in contrast to the legislativestatus of Chinese and foreign situation,and points out the shortcomings of legislationof organ transplantation,for the development of organ transplantation legislation thefollowing to pave the way. The second chapter is civil legislation on organ transplantation should be clearproblem.Including the presence of civil legal relationship in organ transplantation,legitimate rights and legal status of body organs and their extended donor deathstandard decision problem. In view of the minor and the death of the two types ofspecial donor, based on the collection of all the viewpoint,elaborated his own view.The third chapter, idea of the civil legislation on organ transplantation. Thischapter is the priority among priorities this. Also in the "Human Organ TransplantOrdinance" based on organ transplantation,according to the civil legislation,putforward their own ideas,but also on the "Human Organ Transplant Ordinance" aperfect. Including the choice of mode of legislation, the basic principles oflegislation and the construction of relevant legislation and the state should makeefforts etc. Based on the conception of civil legislation on organ transplantation,gradually clear thinking, in order to put forward their point of view for the legalregulation of organ transplantation,organ transplantation for the smooth developmentof a force.The third part is the end.This part is the summary of the whole paper,have abetter vision and look forward to the future of organ transplantation in china.