论人体器官捐献权和行使边界

Discussion on People's Rights of Donating Organs and the Boundary of Exercising

我国人体器官捐献率低,尚无统一的器官捐献立法,器官捐献权属争议较大。为解决我国器官捐献权法律规定不系统、不完备、捐献者范围限制不合理、回避脑死亡者器官捐献等问题,选取供体的角度,分析器官捐献权利,以利于器官捐献体制的建立和器官移植手术的开展。明确知情同意、优先考虑供体利益、充分保护特殊群体利益的器官捐献权行使原则;确定器官捐献权的行使模式和利益边界;在激励器官捐献补偿、禁止能导致器官捐献者死亡的捐献、限制器官捐献者范围和告知病史等方面限定器官捐献权的行使。

In China, the rate of human organ donation is low, there is no unified legislation of human organ donation, and the ownership of human organ donation is controversial. To solve the problems that relevant legislations of organ donation, such as it is not systematic as well as incomplete in China, and the range of donors is unreasonable, as well as the issue of evading brain death donors. This article will discuss from the perspective of donor selection, analyze the right of organ donation and thus try to establish the organ donation system and apply it into organ transplants surgery. Expliciting informed consent, giving priority to the interests of the donor, to adequately protect the special group interest＇s organ donation right is available principle, and determine the border between organ donation right＇s exercise and interest. From inspiring organ donation compensation, forbidding the donation could lead to death, limiting organ donation scope and informing medical history and other aspects to limit the exercise of organ donation.