摘要
为了解决移植器官的燃眉之急,1984年我国颁布了《关于利用死刑罪犯尸体或尸体器官的暂行规定》,这是国内唯一关子尸体利用的司法性文件,该规定的颁布曾为我国的器官移植工作超过一定作用。但是时至今日,仍只有这样一个文件来规范我国的尸体利用是不够的;而且该规定本身也存在明显的缺陷,尤其是对尸体和尸体器官的利用“要严格保密”的规定,是非常危险的.因为器官移植必须实行自愿、公开的原刚;否则就有可能为器官走私或其他有关人体器官的犯罪提供方便。为此,文章主张应当尽快制定有关器官移植的法律,取消器官移植中的保密规定,做到自愿、公开、透明,并逐步实现不用或禁用死刑犯尸休或尸体器官进行医学利用的设想。
In 1984. 'the temporary provisions for the use of the corpses or the cadaveric organs of death sentence criminals' that was the only internal judicial document for the use of corpses had been promulgated in China so as to meet the urgent needs of the organ transplanas. However, it is insufficient that up to today where was only one such document standardizing the use of the corpses in China, and the provisions themselves had obvious defects, particularly 'strict secrecy' provision for the use of the corpses and the cadaveric organs is very harmful, although its promulgation contributed to Chinese work of the organ transplants. The organ transplants must have been perfomed according to volunteer and open prineiple , otherwise criminals of the smuggled organs or other criminal acts of human organs will he offered the conveniences. Therefor, it is a suggestion that the law of the organ transplants must have been made as soon as possible, the secret provision in the organ transplants must have been cancelled, the volunteer, open and clear principle must have.been performed, and the assumption that the corpses or the cadaveric organs of death sentence criminals won't be used or will be prohibited from utilizing in medicine is realized gradually.
出处
《中国医学伦理学》
1995年第6期29-30,共2页
Chinese Medical Ethics