死刑犯捐献器官可行性研究

Research on the Flexibility of Death Penalty Criminals' Donation of Their Organs

不应该禁止死刑犯自愿捐献器官。允许死刑犯自愿捐献器官,可满足患者对人体器官的迫切需求,同时也满足了死刑犯悔罪的愿望,有利于实现一般预防的刑罚目的。按照《民法通则》的规定,死刑犯是具有完全的民事行为能力的人,具有按照法律规定和自己的意志立遗嘱的能力和权利。按照《刑法》的规定,死刑犯也并没有被剥夺捐献人体器官的权利。

The death penalty criminals＇ donation of their organs should not be banned. Permitting the death penalty criminals to donate their organs can meet the suffering peoples＇ demands for body organs and show the criminals＇ repentance for the crimes they have committed. According to Civil Law, the death penalty criminals are people with full civil liability who have the ability and the right to make a will in line with the law and their own intentions. The death penalty criminals are not deprived of the right to donate their organs according to Criminal Code.