中俄处罚人体器官移植犯罪法规比较与思考

人体器官移植为20世纪生物工程领域中具有划时代意义的技术。我国是世界上第二大人体器官移植国,然而近年来非法器官移植现象日益增多,我国现行法规对人体器官移植犯罪惩处力度不够。器官移植应依法进行,为了给我国人体器官移植犯罪科学立法提供借鉴,通过比较分析,发现俄罗斯器官移植犯罪直接入刑法,我国器官移植犯罪为间接入刑,规定不完善,配套法律缺失,附加民事责任不具体,没有对被害人的赔偿条款。建议我国刑法设置非法器官移植犯罪,并附加具体的民事责任。     

The interface between physical and mental disorders: The need to dismantle the biopsychosocialneuroimmunological model of disease

This article argues for the necessity of cognitive-behavioral assessment for a thorough understanding of how psychological factors mediate disease process across a wide range of diseases including coronary artery disease, breast cancer, and human immunodeficiency disease. Based on empirical data presented as part of the APA Presidential miniconvention, “To Your Health: Psychology through the Life Span,” the conclusion is that psychological treatment can help extend life. Stress management programs can positively influence adherence to treatment regimens and positively influence the human immune system response during the course of treatment and recovery from illness. Even in the face of life-threatening circumstances such as liver transplantation, Stage II and III breast cancer, and after HIV infection has been diagnosed, the quality of life can be remarkably improved. Physicians and psychologists must work together to produce the beneficial effects of the synergy between mind-body processes.     

On the Ethics of Facial Transplantation Research

Transplantation continues to push the frontiers of medicine into domains that summon forth troublesome ethical questions. Looming on the frontier today is human facial transplantation. We develop criteria that, we maintain, must be satisfied in order to ethically undertake this as-yet-untried transplant procedure. We draw on the criteria advanced by Dr. Francis Moore in the late 1980s for introducing innovative procedures in transplant surgery. In addition to these we also insist that human face transplantation must meet all the ethical requirements usually applied to health care research. We summarize the achievements of transplant surgery to date, focusing in particular on the safety and efficacy of immunosuppressive medications. We also emphasize the importance of risk/benefit assessments that take into account the physical, aesthetic, psychological, and social dimensions of facial disfiguration, reconstruction, and transplantation. Finally, we maintain that the time has come to move facial transplantation research into the clinical phase.     

Kidney Transplants From Young Children and the Mentally Retarded

Kidney donation by young children and the mentally retarded has been supported by court decisions, arguments based on obligations inherent in family relationships, an array of contextual factors, and the principle of beneficence. These justifications for taking organs from people who cannot protect themselves are problematic and must be weighed against our obligation to protect the vulnerable. A compromise solution is presented that strongly protects young children and the mentally retarded but does not abdicate all responsibility to relieve suffering. Guidelines are proposed that prohibit the retrieval of kidneys from young children and the mentally retarded but permit one exception. They would allow retrieval of a kidney when the consequence to a first order relative with whom the donor has a meaningful and valuable relationship is otherwise imminent death. This would be done in accordance with additional guidelines that minimize harm to the donor. Since most patients with end stage renal disease can be maintained on dialysis the need for a kidney to prevent death should be an uncommon occurrence. This compromise is proposed as a solution to a dilemma that exists because two ethical principles are in conflict and one cannot be honored without violating the other.     

Current status of psychological research in organ transplantation

Research addressing the psychological concomitants of organ transplantation is reviewed. Specifically, cognitive, behavioral, and psychosocial correlates of kidney, heart, liver, and bone marrow transplantation in both children and adults are discussed. Despite several conceptual and methodological shortcomings of the psychologically-based research in this area, results seem to indicate that organ transplantation is associated with many psychological issues at pretransplantation, posttransplantation, and follow-up periods. Implications of these general findings for the advancing roles of the health psychologist in organ transplantation are discussed.     

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。     

移植免疫学的新突破与器官移植

现代器官移植是建立在移植免疫学基础上,移植免疫学基础研究的每一个进展都推动了器官移植的发展。９０年代以来,Ｓｔａｒｚｌ提出了移植排斥的“双向移植排斥理论”,反映了在临床应用免疫抑制药物的情况下,移植排斥的特点,是移植免疫学发展史上的一个重要理论地临床器官移植耐受的诱导具有重要的指导作用。