关于我国器官移植供体制度的法律思考

Thinking on the laws of organ transplantation donor system in China

近年来器官移植技术呈现出突飞猛进的态势,这项有着划时代意义的技术为苦苦等待器官的患者及其家庭带去了福音。但我国器官移植供体制度中还存在着供体权益保障制度不完善等不容忽视的问题。文章通过借鉴外国优秀法律制度,主要对供体来源及供体数量不足的原因进行探讨,构建脑死亡合法化体系以扩大供体器官来源等构想,从而提高医疗质量维护供体利益,促进医疗事业的发展。

In recent years, the technology of organ transplantation advanced rapidly, which can help more patients. But some problems still exist in the organ transplantation donor system, such as imperfect guarantee system on donor＇s rights. Referred from legal system in other countries, the donor system was discussed in the sources of donors and causes of the shortage of donors. Based on which, some ideas were put forward, such as constructing legalization system of brain death to expand the source of donor organ and vromote the deve｜ovment of medical services.