摘要
Abstract
The Civil Code of the People's Republic of China clearly stipulates that if a natural person has not expressed their disagreement to donation during their lifetime,the spouses,adult children,and parents may jointly make a written decision to donate the deceased's body and organs.This provision has further sparked the discussion on"whether the ineligible close relatives have the right or should have the right to donate the body and organs under the premise that the spouses,adult children,and parents of the deceased are absent or have lost their civil capacity."This paper argued that it was illegitimate for ineligible close relatives to donate the deceased's body and organs.From the perspective of the basis for rights,close relatives obtained the ownership of the body and organs due to their identity relationship with the deceased.However,given that the donation differed from burial and other disposal forms,further restrictions needed to be imposed.The Civil Code excludes ineligible close relatives from legally qualified subjects through"specific identity,"thereby depriving them of the legal basis to donate the deceased's body and organs.In terms of harmful consequences,on the one hand,donation by ineligible close relatives may fail to ensure respect for the deceased's right to self-determination.On the other hand,it was difficult to distinguish whether their motivation for organ donation was from"goodness"or"profit".If the intention to donate was driven by profit,then the act of donation would be tantamount to organ trafficking,which is highly harmful.Even under the special premise that the legally qualified subjects were absent or had lost their full civil capacity,the right to donate body and organs could not be obtained and exercised by ineligible close relatives,as it is enjoyed based on a specific identity relationship and has personal exclusivity.Therefore,it is illegitimate for ineligible close relatives to donate the deceased's body and organs.关键词
遗体器官捐献/不适格近亲属/权利依据/危害后果Key words
deceased body and organs donation/ineligible close relative/basis of right/harmful consequence分类
医药卫生
