我国人体器官捐赠移植立法问题研究

通过对我国人体器官捐赠移植立法的必要性和立法模式问题,以及我国人体器官捐赠移植法的体系和基本原则进行深入研究,指出:我国人体器官捐赠移植立法宜采用统一立法模式,并遵循知情同意、人民健康第一、效用与公平、规范程序与便于操作、违法必究五项原则.     

论移植医学新角色——移植协调员的工作职责

随着移植医学的蓬勃发展,许多国家纷纷制定了人体器官捐赠和移植法令,建立了移植协调机构等配套管理措施和制度.随之,一个新型的专业角色--移植协调员应运而生.在研究国外移植协调员的工作基础上,借鉴国外的经验和模式,根据我国实际状况,提出我国移植协调员的工作职责.     

论移植医学新角色——移植协调员的工作职责

随着移植医学的蓬勃发展,许多国家纷纷制定了人体器官捐赠和移植法令,建立了移植协调机构等配套管理措施和制度。随之,一个新型的专业角色——移植协调员应运而生。在研究国外移植协调员的工作基础上,借鉴国外的经验和模式,根据我国实际状况,提出我国移植协调员的工作职责。     

人体器官买卖的立法干预探析

人体器官买卖不利于保证受体生命健康,严重违背生命伦理,是一种新型犯罪,并会引发其他犯罪,因而,我国应对人体器官买卖进行立法干预。当前,还有相当一部分学者支持人体器官买卖,但此观点存在严重缺陷或错误,应予以摈弃。我国应制定人体器官捐献与移植法,确立禁止买卖人体器官的原则、设立完善的人体器官来源审查制度、制订和补充旨在严厉打击人体器官买卖行为的刑法规则,以干预和规制人体器官买卖行为。     

人体器官买卖的立法干预探析

人体器官买卖不利于保证受体生命健康,严重违背生命伦理,是一种新型犯罪,并会引发其他犯罪,因而,我国应对人体器官买卖进行立法干预.当前,还有相当一部分学者支持人体器官买卖,但此观点存在严重缺陷或错误,应予以摈弃.我国应制定人体器官捐献与移植法,确立禁止买卖人体器官的原则、设立完善的人体器官来源审查制度、制订和补充旨在严厉打击人体器官买卖行为的刑法规则,以干预和规制人体器官买卖行为.     

中日器官移植法律制度初步比较与分析

比较分析我国新施行的《人体器官移植技术临床应用管理暂行规定》和日本现行的《器官移植法》,从立法背景、立法前器官移植开展情况、法规整体情况、立法调整范围、立法目的与理念、监督管理机构、禁止器官买卖、器官摘取事项、处罚等九个方面进行,并对借鉴日本《器官移植法》,完善我国器官移植立法提出了建议.     

中日器官移植法律制度初步比较与分析

比较分析我国新施行的《人体器官移植技术临床应用管理暂行规定》和日本现行的《器官移植法》,从立法背景、立法前器官移植开展情况、法规整体情况、立法调整范围、立法目的与理念、监督管理机构、禁止器官买卖、器官摘取事项、处罚等九个方面进行,并对借鉴日本《器官移植法》,完善我国器官移植立法提出了建议。     

我国大陆、台湾地区《人体器官移植条例》的比较研究

采用条文比较与法理分析方法,对我国大陆和台湾地区的《人体器官移植条例》进行比较,主要就立法目的、立法调整范围、人体器官自愿捐献、禁止人体器官商业交易、医疗机构与人员的准入和退出、违反人体器官移植之规定的法律责任等问题作了探讨与分析.本研究将为我国大陆地区的具体立法探索一些有价值的意见与建议.     

我国大陆、台湾地区《人体器官移植条例》的比较研究

采用条文比较与法理分析方法,对我国大陆和台湾地区的《人体器官移植条例》进行比较,主要就立法目的、立法调整范围、人体器官自愿捐献、禁止人体器官商业交易、医疗机构与人员的准入和退出、违反人体器官移植之规定的法律责任等问题作了探讨与分析。本研究将为我国大陆地区的具体立法探索一些有价值的意见与建议。     

浅谈《人体器官移植技术临床应用管理暂行规定》的九点不足

就新施行的《人体器官移植技术临床应用管理暂行规定》,提出其立法目的表述不妥;缺乏与其他法律法规之间的平衡和协调;未能明确提出按照公平效率原则分配器官;缺乏对未成年人的特殊保护;过分强调捐赠者对器官捐赠协议的任意撤消权;书面同意形式的局限性;未就禁止买卖原则的情形具体化;未能就建立具有中立性特点的器官调控中心作出规定;未能就脑死亡留下一个开放性的口子等九点不足,并提出了建议。     

人体器官商业化之争:误区和对策

当前,关于人体器官可否商业化之争中存在两个误区：器官商业化的概念误区和反对非法器官交易的措施误区。要想在禁止器官商业化的前提下切实有效地增加器官来源,应在法学上和伦理学上明确人体器官的性质;明确界定器官商业化的概念和范围;制定相关法律和配套措施,倡导自愿无偿捐献,允许有偿捐献,严厉打击器官移植犯罪。     

When is the gift given? Organ donation,social representations,and an opportunity to register

The gift of life doctrine underpins Australia's approach to organ donation: in legislation, clinical practice, community awareness campaigns, and educational activities. In this paper, we present an approach that situates an understanding of organ donation within a social representation framework as a system of values, ideas, and practices. In cadaveric donation, the final giving‐of‐the‐gift can never be by the donor, leading us to ask where the potential donor's decision to give the gift really lies. We present research from three studies that explored the relationship between what was socially understood about organ donation and the registration of donation intent. Drawing from three socially and culturally diverse populations, we asked people working in a corporate city institution and those attending two football matches in the outer city area to complete a word‐association task and Likert‐scale belief questions about organ donation—followed by an opportunity to register immediately on the Australian Organ Donor Register. Driven by the interdependent themata of life/death and self/other, the gift of life doctrine is inextricably linked with the loss of life emerging as both positive and negative beliefs allowing their relationship to actual registration behaviour to be observed. Our findings suggest that in many instances, the potential donor's genuine desire to give the gift lies in the tension between positive and negative beliefs, manifesting as a consent registration when the positive beliefs about donation prevail and an immediate opportunity to register is available.     

Religion and the decision to donate organs: Exploring the potential role of religious leaders

The two‐step flow model of communication (Katz, 1957 ) suggests opinion leaders obtain critical information from the mass media and, in turn, communicate this information to interpersonal contacts such as friends, family and co‐workers. It is suggested that religious leaders (RLs) may serve as opinion leaders on the topic of organ donation by debunking donation myths, promoting donation during worship services, or communicating the benefit of donation to families faced with the opportunity to participate in living or cadaveric donation. The current study examined the personal knowledge, experiences, and willingness to communicate about organ donation in a sample of RLs (N = 59) in Rochester, New York. Structured interviews were conducted in summer and fall of 2009 with a random sample of RLs. Results indicate a disparity between RLs' expressed personal support for donation and their engagement in donor registration. Approximately one‐quarter of RLs have spoken about donation during a religious service and many indicate their knowledge is not sufficient to discuss organ donation in detail. Results elaborate on how RLs may be trained to serve as opinion leaders in the promotion of organ donation. Copyright © 2010 John Wiley & Sons, Ltd.     

From Altruistic Donation to Conditional Societal Organ Appropriation After Death

Since we have learned that human organs can be used to treat severe health problems, only donation has been considered for organ procurement. Among the other possibilities that can be used after a person’s death, purchase or systematic removal have been a priori rejected. However, we will show that the appeal to individual altruism have resulted in some of the aporias of the present situation. Subsequently, we will consider how systematic organ removal from deceased persons can be made acceptable in liberal and democratic societies. Finally, we will suggest that individual choices with regard to systematic organ removal could well be registered in a way that allows proper implementation of present French legislation.     

American Muslim Physician Attitudes Toward Organ Donation

Religious beliefs and values impact Muslim patients' attitudes toward a variety of healthcare decisions, including organ donation. Muslim physician attitudes toward organ donation, however, are less well studied. Utilizing a national survey of physician members of the Islamic Medical Association of North America, relationships between religiosity, patterns of bioethics resource utilization, and sociodemographic characteristics with attitudes toward organ donation were assessed. Of 255 respondents, 251 answered the target question, “in your understanding, does Islamic bioethics and law permit organ donation?.” 177 respondents (70%) answered positively, 30 (12%) negatively, and 46 (18%) did not know. Despite the overwhelming majority of respondents believing organ donation to be permitted by Islamic bioethics and law, fewer than one-third (n = 72, 30%) are registered donors. Several sociodemographic features had a positive association with believing organ donation to be permitted: ethnic descent other than that of South Asian, having immigrated to the USA as an adult, and male sex. When using a logistic regression model controlling for these three variables as potential confounders, the best predictor of Muslim physicians believing organ donation to be permissible was utilization of an Imam as a bioethical resource (odds ratio 5.9, p = 0.02). Religiosity variables were not found to be associated with views on the Islamic permissibility of organ donation. While Muslim American physicians appear to believe there is religious support for organ donation, only a minority sign up to be donors. Greater study is needed to understand how physicians' attitudes regarding donation impact discussions between patients and physicians regarding the possibility of donating and of receiving a transplant.     

Disgust sensitivity and attitudes toward organ donation among African-American college students.

241 African-American college students (94 men and 147 women, mean age = 20.3 +/- 3.4 yr.) completed the 1994 Disgust Scale of Haidt, McCauley, and Rozin and a modified form of Parisi-Rizzo's 1987 Attitudes Toward Organ Donation Scale (negative subscale only) as well as a behavioral measure of intention to donate organs after death. Analyses indicated that the higher the disgust sensitivity, the more negative the attitude toward organ donation and the less likely the student was to indicate intent to donate organs. It was further shown that negative attitudes toward organ donation mediated the relationship between disgust sensitivity and the behavioral intention measure. Results highlight the complexity of the issues surrounding organ donation within an African-American population and provide additional empirical evidence for the development of a theoretical model to explain the organ donation phenomenon.     

Similarities and Differences Between African Americans’ and European Americans’ Attitudes,Knowledge, and Willingness to Communicate About Organ Donation1

While little is known about African Americans’ attitudes and knowledge about organ donation, even less is known about how African Americans’ attitudes, values, and beliefs affect their behavior and behavioral intentions regarding organ donation; or how African Americans’ views are similar to or different from those of European Americans. Adults working 2 sites of a national corporation were randomly selected to complete a survey about organ donation willingness, intention to sign an organ donor card, knowledge and attitudes toward organ donation, and level of altruism. Results indicate that African Americans differ significantly from Whites on several individual attitude and knowledge items. However, the basic relationship between knowledge, attitudes, values, and behaviors regarding organ donation between the 2 groups appears the same. Furthermore, these results indicate that future organ donation promotion campaigns must focus on increasing basic knowledge and countering myths about organ donation for both populations.     

国外器官捐献评估方法介绍

器官移植已成为医学上应用越来越广泛的手段之一。器官移植中器官捐献的分析评估体系作为成熟器官移植系统不可或缺的一部分,能够对器官捐献水平和做出客观的评估,包括捐献潜力,即潜在捐献者率（Potential Donors rate,,PDr）和捐献有效力,即实际捐献者率（Actual Donors rate,ADr）（单位：per million population,pmp）。本文将介绍通过对多国器官捐献评估方法进行分析、总结得出器官捐献中供体评估的主体方法,包括流程、分析方法、适用范围及其积极意义等,希望可以利于我国研究。     

Discussion of posthumous organ donation in Chinese families

Since family permission is necessary for organ procurement to occur in China, family discussions about posthumous organ donation are crucial for increasing the actual organ donation and transplant rate. However, this study found that among 298 Chinese young adults, most of them (88%) were reluctant to talk about organ donation with their families. Based on the Theory of Reasoned Action, this study investigated communication within families about organ donation. Psychological factors included intention, attitude, subjective norm, death anxiety, and knowledge. As expected, the subjective norm was more powerful than attitude in explaining family discussions among Chinese people. Death anxiety, but not misconception, also significantly lowered the likelihood of family discussion. It is concluded that future campaigns for lessening death anxiety and promoting the social norm for organ donation must be conducted in Chinese societies, in order to encourage family discussions and improve the donation rate.     

Religion and Organ Donation: The Views of UK Faith Leaders

This article reports the findings from the one-to-one interviews with the main UK faith and belief leaders which were commissioned by the Organ Donation Taskforce as part of its evidence gathering. Interviews were arranged with the main faith and belief organisations within the UK. Interviews covered a range of issues related to organ donation. Although some faith groups had some reservations regarding organ donation, interviews with these leaders demonstrated that none of these faith groups have reached a consensus against organ donation. The interviewees stated that the majority opinion in their faith or belief group is to permit organ donation, with some actively supporting it. Interviewees were keen to stress that there is a broad spectrum of opinion on organ transplantation within each faith and belief group and that consequently it is difficult to speak on behalf of an entire group. One complication mentioned by interviewees is that as organ transplantation is a relatively new medical procedure, there is no explicit reference to it in many original religious texts. Consequently, positions on the receipt and donation of organs are based on interpretation. It was felt that a much greater level of engagement is needed, as organ donation is currently not a priority for many faith and belief groups.