器官捐献中放弃治疗的法律风险与控制研究

Legal Risk and Control of Abandoning Treatment in Organ Donation

放弃治疗问题一直以来备受法学界、医学界关注。多数专家学者认为放弃治疗具有合法性和合理性,又认为放弃治疗与医疗伦理、公序良俗存在一定的冲突,更多的研究者则从程序上来理解放弃治疗这一现象。科学技术的进步和社会需求推动器官捐献,观念变化使得选择器官捐献的人越来越多,器官捐献的介入,放弃治疗在法律上和伦理上可能面临危机。实务中识别器官捐献中放弃治疗的法律风险,并构建起法律风险的防控机制尤显必要。

The issue of giving up treatment has always been a topic widely discussed by the legal and medical circles. Most experts and scholars believe that giving up treatment has legitimacy and rationality, while holding there is a certain conflict between giving up treatment and medical ethics and public order. More researchers understand the phenomenon from a procedural point of view. Advances in science and technology and social needs have promoted organ donation. Changes in attitudes have led to more and more people choosing organ donation. However, intervention of organ donation in the abandonment of treatment may have legal and ethical crises. In practice, it is necessary to identify the legal risk of giving up treatment in organ donation and to construct the prevention and control mechanism of legal risk.