人体器官移植供体法律问题研究

人体器官移植是医学领域发展中一项重要的现代医学技术,有效提高了病体存活率和个体生命质量,但我国器官移植供体严重匮乏,数以百万计的患者无法及时摆脱病痛困扰。因器官移植供体因素带来了司法鉴定检材易质、非法摘取活体器官、供体资源无效配置、器官商业化倾向、死刑犯尸体器官不当使用等诸多法律问题。建议我国尽快制定脑死亡法,实行二元化死亡诊断标准,梳理伦理冲突,无疑具有积极的现实意义和远期综合效益。

A Study of the Law Issue about the Organ Transplanting Donor

Body organ transplanting is an important and modern medical technology in the development of the medical field.The technology has effectively increased the rate of keeping the living sick body and improved the quality of one's own individual life.However,the donor source of organ transplanting is badly scarce,which causes the thousands of hopeful rehabilitated patients not to be able to get rid of the disease trouble promptly.Since the factors of organ transplanting donor have brought about many law problems due to the different quality of examining materials for the judicial appraisal,illegally removing the living body organ,the donor source allocating unreasonably,the commercial tendency of the organ and the improper use of the corpse organ of the death penalty prisoner.No doubt,advising that the Brain Death Act in our county should be formulated as soon as possible and performing the dual diagnosing standard for death and solving the moral conflict will be of active and practical significance and long-term synthetic advantage.