Changes of the Legal Attribute and Regulations of Organs in Organ Transplantation / 中国医学伦理学

ABSTRACT

Organs experience three states in organ transplantation,including in-vivo state,in-vitro state,and the implanted state.The in-vivo organs can also be divided into two types by their origins,that is,from an intro-vital body or from a mortal body.Organs from an intro-vital body are not merely objects,but the vectors for personality,and therefore in such case the subject only holds the limited autonomy for his/her own organs.Organs from a mortal body are objects,but can not be regarded as the objects of autonomy.They can only be regarded as the objects of disposal right,thus the disposal of mortal organs should obey the pre-death wish of the dead,or the wish of the family members of the dead,and meanwhile obey the norms of custom and social interests.The in-vitro organs are merely objects,thus could be donated and presented,but could never be transacted.The implanted organs enjoy the same attributes and status as those from a living body.