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。     

移植协调员在DCD工作中的角色和作用

器官捐献是器官移植事业发展的基石,而协调员在器官捐献工作中则有着举足轻重的地位和作用。自2010年3月我国推行人体器官捐献试点工作以来,适合中国国情的DCD工作成为器官捐献工作的重中之重。如何充分发挥协调员在DCD工作中的作用,提高DCD捐献率和供体转化率,以有效地促进和推动DCD工作,是急待探讨和解决的问题。本文结合...     

Non-heart-beating organ donation: personal and institutional conflicts of interest

While procurement of organs from donors who are not "brain dead" does not appear to pose insurmountable moral obstacles, the social practice may raise questions of conflict of interest. Non-heart-beating organ donation opens the door for pressure on patients or families to forgo possibly beneficial treatment to provide organs to save others. The combined effects of non-heart-beating donation and organ shortages at major transplant centers brought about by the 1991 United Network for Organ Sharing (UNOS) local-use organ allocation policy created potential conflicts, including the fact that candidates for organs become potential donors far more frequently than previously. Hospitals with a major emphasis on transplantation have economic and academic interests that may have been hurt by the relative organ shortage. Some may view non-heart-beating organ donation as a way to restore weakened programs and thus unconsciously compromise recognition of problems associated with non-heart-beating donation.     

Knowledge and attitudes of Polish university students toward organ donation and transplantation

Although the number of patients needing organ transplantation systematically increases, recent years have seen a considerable shortage of donors. The level of knowledge and attitudes toward donation are critical factors in achieving the required balance between supply and demand. This pilot study assessed the knowledge, opinions, and behaviors related to organ donation and transplantation among 625 students representing eight different fields of study from the University of Rzeszow in south-eastern Poland. Although the participants provided evidence of knowledge about human organ donation and transplantation, they were aware of the main organs of the human body for potential transplants, and generally showed positive attitudes; only 24% of the subjects indicated their willingness to register as a donor; only 3% stated that they had already registered and had a donor card. The findings suggest that good intentions do not translate into action and that Poland needs to develop a nation-wide, up-to-date, and youth-oriented health education program that builds on favorable attitudes toward organ donation and transplantation.     

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.     

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。     

Perish and publish: non-heart-beating organ donation and unduly iterative ethical review

In the expanding repertoire of practices designed to increase the supply of organs for transplantation, non-heart-beating cadaver organ donation has generated an ongoing debate in the literature. The continuing stream of articles is disquieting in part because it documents a troubling "trial-and-error ethics" approach to the formulation of organ procurement policy, and because it raises serious questions about the reasons that the development of this policy is being mediated by published communication. In the light of concerns about the implicit support and credibility that professional publications give to organ procurement policies, restraint in publishing articles about non-heart-beating organ donation as well as in devising such policies is strongly advocated.     

Attitudes and Behaviors Regarding Organ Donation: a Study on Officials of Religion in Turkey

The aim of this study is to determine the attitudes and behaviors of religious scholars regarding organ donation and transplantation. In this study, 540 officials working in the Department of Religious Affairs in Kayseri, Turkey, were included. Overall, 86.6% response rate (n = 468) was achieved. Although a majority of the officials of religion in this study stated that they believed in the importance of organ donation (90.8%), the rate of considering donation (57.9%) and the donation rate (1.1%) were found to be substantially low. There is a difference between the employment status and willingness to donate organs. The rate of willingness to donate was significantly high in men than women. And also was high in imams and preachers. Regarding the sources of information, the majority of the respondents (70.0%) cited mass media. Overall, 15.3% cited school education and 42.0% religious publications. The most common question (83.1%) that was asked was “whether or not organ donation was suitable for Muslim religious”. Our study revealed that although the research groups have positive ideas about organ donation and transplantation, their role was low in informing and motivating people about organ donation and transplantation.     

Marketing human organs: The autonomy paradox

The severe shortage of organs for transplantation and the continual reluctance of the public to voluntarily donate has prompted consideration of alternative strategies for organ procurement. This paper explores the development of market approaches for procuring human organs for transplantation and considers the social and moral implications of organ donation as both a “gift of life” and a “commodity exchange.” The problematic and paradoxical articulation of individual autonomy in relation to property rights and marketing human body parts is addressed. We argue that beliefs about proprietorship over human body parts and the capacity to provide consent for organ donation are culturally constructed. We contend that the political and economic framework of biomedicine, in western and non-western nations, influences access to transplantation technology and shapes the form and development of specific market approaches. Finally, we suggest that marketing approaches for organ procurement are and will be negotiated within cultural parameters constrained by several factors: beliefs about the physical body and personhood, religious traditions, economic conditions, and the availability of technological resources.     

活体肝移植与供体安全

等候移植的病人增多和可用器官短缺,是我们目前所面临的主要问题。为降低等候期间的死亡率,活体肝移植(LDLT)是一种不错的选择,但其前提是要确保供体的安全。尽管活体肝移植术对供体而言是安全可行的,然而供体所发生的严重并发症、甚至死亡则是我们所不应忽视和低估的。     

Intention to consent to living organ donation: an exploratory study

Living organ donation, that is the removal and transplantation of whole organs or segments of organs that a volunteering donor can live without, has been proposed as an effective and sustainable source of transplantable organs to mitigate the deficit in supply from the traditional cadaveric donor pool. In 2006, the Irish government deemed the development of a national Living Transplant Programme a service priority. The current study aimed to investigate the efficacy of the theory of planned behaviour (TPB) in the context of living organ donation intentions in an Irish sample. One hundred and thirty five undergraduate students (75 females, 60 males; mean age 20.6 years, SD 3.76) completed a self-report questionnaire assessing TPB variables while imagining themselves in a potential living liver donation scenario. In general, attitudes towards living donation were favourable. TPB components explained 44.8% of the variance in intentions. Attitude towards living donation emerged as the strongest predictor of intention. Self-reported levels of knowledge regarding living donation were generally poor. In light of recent EU Communications proposing the expansion of the use of living donors greater understanding of the determinants, psychological implications and ethical considerations in living donation decisions is necessary.     

拓宽尸体器官来源的法律思考

世界各国获取尸体器官的法律规定各不相同:自愿捐献、推定同意、有偿捐献、需要决定原则、胎儿供体问题.中国有着任何国家无法比拟的人体器官资源,由于没有可实施的器官移植法律,大量的良好器官被白白浪费掉.中国应该借鉴国外行之有效的法律条文,制定正确的拓宽尸体器官来源的法律,为繁荣器官移植事业做出贡献.     

Blood and organ donation: health impact,prevalence, correlates,and interventions

Abstract

Objective: Without a supply of blood, health services could not meet their clinical needs. Similarly, organs for transplantation save and transform lives. Donations are acts of generosity that are traditionally seen as altruistic, and accordingly, interventions to recruit and retain blood and organ donors have focused on altruism. We review the predictors, prevalence and correlates of these two behaviours, how effective interventions have been, and draw common themes.

Design: Narrative review.

Results: We highlight that both recipients and donors benefit, and as such neither blood nor organ donation is purely altruistic. We also highlight health problems associated with both types of donation. In evaluating interventions, we highlight that a move to an opt-out policy for organ donation may not be the simple fix it is believed to be, and propose interventions to enhance the effectiveness of an opt-in policy (e.g. social media updates). We show that incentives, text messaging, feedback and a focus on prosocial emotions (e.g. ‘warm-glow’, ‘gratitude’) may be effective interventions for both blood and organ donation. Interventions designed to reduce fainting (e.g. water pre-loading) are also effective for blood donation.

Conclusions: We conclude that affect is key to understanding both types of donation and in designing effective interventions.     

技术之后是法规和观念的更新--中国器官移植的重大进展

从我国器官移植的历史和现状出发,在器官移植的技术和基础研究有了理观念的更新.这种更新应建立在对器官移植的伦理思考和讨论的基础之上.2003年我国关于器官移植的法规和观念有了新的突破,有关的管理办法和条例也在草拟之中.中国政府和医学界对器官移植始终持积极和慎重的态度,所谓"中国移植和买卖死刑犯器官"完全是别有用心的捏造.     

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。     

论开展亲属活体供肾移植的风险与对策

肾脏移植是救治终末期肾功能衰竭的最佳手段。亲属活体捐献肾脏是扩大供肾来源的有效手段。当前国内开展亲属肾移植存在伦理、法律和健康风险,主要来自供体和医疗两方面。为防范风险,医务人员应严格审查供受者的血缘关系,签署完整规范的法律文书,进行全面细致的术前评估,制定完善的手术方案。     

Earning points for moral behavior: organ allocation based on reciprocity

Anticipating the reevaluation of the Dutch organ procurement system, in late 2003 the Rathenau Institute published a study entitled 'Gift or Contribution?' In this study, the author, Govert den Hartogh, carries out a thorough moral analysis of the problem of organ shortage and fair allocation of organs. He suggests there should be a change in mentality whereby organ donation is no longer viewed in terms of charity and the volunteer spirit, but rather in terms of duty and reciprocity. The procurement and allocation of donor organs should be seen as a system of mutually assured help. Fair allocation would imply to give priority to those who recognize and comply with their duty: the registered donors. The idea of viewing organ donation as an undertaking involving mutual benefit rather than as a matter of charity, however, is not new. Notwithstanding the fact that reference to charity and altruism is not required in order for the organ donation to be of moral significance, we will argue against the reciprocity-based scenario. Steering organ allocation towards those who are themselves willing to donate organs is both an ineffective and morally questionable means of attempting to counter organ shortage.     

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.     

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。