Research On The Form Of The Body Organ Donation In Our Country

The rapid development of modern science and technology for the development of medical technology has brought great convenience. Organ transplants in what is playing an increasingly important role in medical field now, because it not only brought a glimmer of hope for patients, are more likely to help them regain health.But the organ transplantation is a very complex technology, because it not only involves the problem of medical technology, more ethical and legal problems involved. First of all need to be solved is the source of organs for organ transplantation. But the sources of organs is a problem that has not been perfect solution, especially the body organ donation. At present, the body organ donation from different groups, and these gifts group whether real expressed their donation willingness is what we need to discuss. About organ transplantation in the civil law of the existing problems of the research mostly focused on one source of organs, and distribution, the donation agreement on the building of law related, more problems are on the basis of the hypothesis, and less attention of organ donation, especially expressed its body organ donors are true whether the donation behavior of consciousness or donors, is the real sense of donation. We are currently in the process of donation, more is to focus on the various rights of the donor, but with the right question is involved the right to health, such as body weight, rarely involves the decisions, and cancellation right. we don’t talk about whether its contribution in the form of a true expression of the consciousness of the donation. Organ donors, in fact, their own decisions, and according to the theory of civil law, the decision on their own is a kind of personality right, like the life and health shall be protected by law. And under the current form of the consciousness of the body organ donation said more may not be true consciousness of the donor, said while our law is to fully respect the consciousness of autonomy of the parties, if this, could violate the spirit of the law. Therefore, we need to seriously consider what kind of form is the real expression of donors, the perfect our country’s body organ donation system also has the vital significance.This article mainly from the current our country and foreign body consciousness representation of organ donors, discusses the meaning of the said model under china’s current situation existing problems, and analysis the donor’s self-decision-making power, especially person of civil action ability and the limited capacity for civil conduct the special group of self-determination, and finally to explore body organ donation in our country should take what kind of representation of consciousness to protect the donation of donor real consciousness. Paper consists of introduction, main body and conclusion, the main body is divided into three parts:the first chapter is the basic theory of consciousness about body parts said, mainly discusses the concept of body organ donation and remains the legal nature of organ donation and abroad at present about the status of the body organ donation consciousness-representation. Body parts is the main source of organ donation, and remains the legal nature of organ donation for body organ donors to self-determination has certain legal basis, especially the body of the special group of organ donation to self-determination. The second chapter mainly expounds the theoretical basis of organ donors to his decision. Their decisions as well as people’s right to life, body weight is personality right, is people’s basic rights, when exercising the rights shall be based on respect for the principles of the freedom of people’s life and health and boundaries. Organ is part of the body, one can make your own decision according to your will, even if the body organ, the donor may be expressed in the said willing to donate the consciousness. But for some special groups, such as person of civil action competence, whether they can freely decided to donate his body organ, is a legal need to think about, because it may not be the true sense of the expression. This article from the perspective of special subject of self-determination, explore the special group of self-determination, to explore suitable for the body of the special group awareness of organ donation representation. The third chapter mainly discusses the consciousness of our current system of body organ donor representation, including the consciousness of the special group representation, such as on death row. Because body organ donation is executed prisoners remains one of the main sources of organ donation in our country at present, but condemned the representation of a body organ donation is the real sense says it is worthy of research. Because the body organ donation consciousness representation of executed prisoners are mainly three kinds:no convergence, their will of donate, with the approval of the family. The two ways are not real reflect its own consciousness, said it is under the system of civil law in our country against the civil law spirit. In addition as there is no capacity for civil conduct of minors and the constraints of person of civil action competence if simple limit its become the subject of body organ donation is not reasonable, may also violated its true sense, but also conducive to the healthy development of the body organ donation in our country. Therefore, I explored the allowed these special group as the main body of the body organ donation at the same time, how to build the perfect gifts consciousness representation can truly express the donor’s consciousness.