试论人体器官权与器官捐献激励原则(2)(中国政法大学2005届硕士学位论文)

第三章我国器官捐献匮乏的成因分析 一、国内外器官捐献立法回眸 在器官捐献立法方面,外国及我国地方的情况见表1.     

试论人体器官权与器官捐献激励原则(2)(中国政法大学2005届硕士学位论文)

第三章我国器官捐献匮乏的成因分析 一、国内外器官捐献立法回眸 在器官捐献立法方面,外国及我国地方的情况见表1.     

试论人体器官权与器官捐献激励原则(1)(中国政法大学2005届硕士学位论文)

随着外科手术的突飞猛进．离体脏器活力有效保存方法的建立．以及控制移植后排斥反应措施与药物的研制成功，器官移植终于从幻想走到了现实。五十几年来，器官移植不仅拯救了几十万人的生命．也计无数不治之症的患者有了生的希望。器官移植的成功不免让人产生错觉，似乎人的身体就像一部机器，人体器官就像一个个零件，可以轻易地拆卸和更换。     

试论监察机关的法律地位

一、行政监察特点及其功效分析 《中华人民共和国行政监察法》已由中华人民共和国第八届全国人民代表大会常务委员会第二十五次会议于１９９７年５月９日通过，并于同日公布施行，同时１９９０年１２月９日国务院发布的《中华人民共和国行政监察条例》废止。通过比较，监察条例与监察法在监察机关的设置、领导体制、权限、职责及监察程序等方面差别甚微。也就是说，在行政监察条例实施九年以后，监察没有随着社会的发展而取得实质性的突破与进展。为什么在整个行政法领域迅速发展的今天，行政监察却步履蹒跚呢？难道是在行政法制建设进程中…     

Forced organ donation: the presumed consent to organ donation laws of the various states and the United States Constitution

The issues presented in this Comment pertain to whether there are substantive limits imposed by the Fourteenth Amendment upon the state legislatures which would defeat the recent, tentative steps of many states to pass laws authorizing presumed consent to organ donation. The final and perhaps least effective presumed consent law creates a presumption of consent to organ donation. The potential organ donor makes the choice whether to donate or not during his lifetime. This form of the presumed consent law would probably have the least impact on increasing the number of available donor organs. It permitted the coroner to harvest the eyes and corneas of deceased individuals if the coroner was unaware of objections from either the decedent or the family of the decedent. Presumed consent statutes should be found unconstitutional because they infringe upon a family's property interest in a deceased relative's corpse. However, due to the family's property interest in a relative's deceased body, as set forth in the next section, the result is that presumed consent statutes are unconstitutional. In order to find the presumed consent law unconstitutional, the Court would have to find that either: (a) the Fourteenth Amendment's liberty component included the family's right to determine what happens to a relative's body after death, or (b) that the property component included a vested state law property interest in the dead body.     

评人体器官与组织捐赠无偿性原则——兼对器官与组织捐赠有偿化改革的设想

人体器官、组织捐赠无偿性原则是联合国反复重申并被各国立法严格贯彻的医疗及法律准则 ,但该原则亦有贯彻“过度”的问题。而这一问题的解决有赖于对器官、组织捐赠有偿化及其限度的探讨。     

评人体器官与组织捐赠无偿性原则－－兼对器官与组织捐赠有偿化改革的设想

人体器官、组织捐赠无偿性原则是联合国反复重申并被各国立法严格贯彻的医疗及法律准则,但该原则亦有贯彻"过度"的问题.而这一问题的解决有赖于对器官、组织捐赠有偿化及其限度的探讨.     

Obtaining replacements: the organizational framework of organ procurement

In the last ten years there has grown up, in the United States, the most extensive organ procurement system in the world. This system, consisting of approximately 120 organ procurement agencies, retrieved 4435 cadaveric kidneys for transplant purposes in 1981. The nation's organ procurement agencies vary greatly in terms of size, organizational structure, and effectiveness. On average, those agencies not formally part of a transplant hospital appear to be the more effective. This can be accounted for by their superior operational flexibility and their pursuit of a "marketing" strategy. Success in organ procurement requires that medical professionals in non-transplant hospitals, and the potential donors' families, be motivated to assist in the organ procurement process.     

Human organ and tissue antigens

Necessity of a new trend in detection of organ and tissue traces on trauma instruments by serological methods using present-day literary data is stressed.     

The organization of organ procurement

The American organ procurement system has improved and matured in the last five years. At the same time, the basic challenges facing it have remained substantially the same because the moral and legal framework of the system has not changed. Success at organ procurement continues to depend on the voluntary cooperation of medical professionals and the families of potential organ donors. The generosity of the American public is so great that the primary challenge facing organ procurement agencies is obtaining cooperation from hospitals and medical professionals. This calls for a "marketing" orientation aimed at those hospitals and professionals who are most likely to treat potential donors. The last five years have seen a more general acceptance of this appreciation of the central task of organ procurement. As a result, the overall effectiveness of the system has improved, as measured by the number of organs procured on a per capita basis and by the number of multiorgan donors obtained. Much of this improvement can be attributed to the diffusion of organizational techniques and approaches, and this diffusion has been encouraged by the involvement of national organizations and public bodies in the organ procurement community. The system remains uneven in its effectiveness and further improvement is possible. It is also possible that the next general round of improvement will result from the application of businesslike information management and marketing techniques.