尸体器官或者遗体捐献涉及的法律问题

On the Law Issues Concerning Donation of Corpse Organs or Carnal Remains

在尸体器官捐献决定权的归属上,死者本人的自我决定权和其遗属决定权都具有重要性,但前者较之后者更为优先。对"遗属"的范围宜从形式和实质双重角度来理解。从形式上看,有遗体管理权以及具有丧主地位的当然应该考虑是遗属的范围;从实质上看,与死者曾有密切的家族生活等事实的人也是遗属的范围。各遗属之间必须共同同意方可摘取器官或捐献遗体。尸体器官或者遗体捐献得到死者的书面同意或者死者生前没有表示过拒绝,遗属推定承诺,才称得上是正当合法的。

The corpse organs donation relies on both the deceased＇ s self - determination and his family＇ s determination but the former is more preferred. On the scope of ＂Survivor＂, we should consider from the dual perspective of form and substance. In view of the form, those who have management right of the remains as well as being a mourner status of course should be considered as the survivor＇ s range. Substantially, those who kept a close family life with the deceased should be included into the range. The survivors must reach a common consent for organ extracting or donation of remains. It is legitimate for the deceased has written consent of the donation of his or her corpse organ or remains, or the deceased had no rejection but his or her survivors could deduce commitment.