器官移植2025，Vol.16Issue(1)：59-66,8.DOI:10.12464/j.issn.1674-7445.2024231
遗体器官捐献伦理的法治化建设之路
The road to legal construction of ethical governance of deceased organ donation
摘要
Abstract
The rule of law is the fundamental approach to governance in modern states.The ethical issues arising from deceased organ donation activities have attracted high social attention.In order to ensure that deceased organ donation is in line with the interests and moral standards of the public,it is not enough to provide ethical guidance for the development of the organ donation cause through reflection alone.It is necessary to apply the concept of the rule of law,legal rules and procedural norms to the ethical governance of deceased organ donation.The newly revised"Regulations on Human Organ Donation and Transplantation"have established ethical guidelines that organ donation must follow,such as"benefit,do no harm,respect for life,fairness and justice,and compliance with laws and public order",as well as five major principles that must be adhered to in conducting ethical reviews of organ procurement,such as"voluntary and unpaid,informed consent,risk control,fairness and justice,and privacy protection".Faced with the increasing number of deceased organ donation cases and the ethical challenges they pose,it is recommended to establish a"National Human Organ Donation Ethics Committee,"clarify the definition and judgment criteria of death from a legal perspective as soon as possible,and create an effective ethical risk monitoring and supervision mechanism.Continuously promote the progress of the organ donation within the legal framework,and effectively safeguard the public interest and basic rights.关键词
器官捐献/器官移植/伦理/法律/法治/脑死亡/心脏死亡/监管Key words
Organ donation/Organ transplantation/Ethics/Law/Rule of law/Brain death/Cardiac death/Regulation分类
医药卫生引用本文复制引用
杨顺良,王栋..遗体器官捐献伦理的法治化建设之路[J].器官移植,2025,16(1):59-66,8.基金项目
福建省临床重点专科泌尿外科建设项目(2017ZDKMN) （2017ZDKMN）
联勤保障部队联勤医学重点专科(LQZD-QG) （LQZD-QG）
