论器官捐献法立法原则——兼论法律对私权利限制的证成

The Legislative principle about organs donation law-in passing justification on limitation of the individual rights

本文以高伟峰医生偷摘尸体眼球救治两病人 ,遭死者家属起诉一案作引 ,提出了应在我国制定器官捐献法 ,并评述了器官捐献法的两原则 ,从个人权利来源 ,法律对个人权利限制的证成及我国当前实际情况等角度分析 。

By discussion a lawsuit case of Dr GAO Wei-feng removed privately the eyeballs from the corpse to cure two patients,the necessary of establishing the organs donation law in nation was stress in this paper The two legislative principles about organ donation law were also commented Analyzed on soruce of individual rights,the justification on the limitation of individual right in law,and current practical state in out country,the author consider that the principle of voluntary should be adopt in organs donation law