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: 法治是现代国家治理的基本方式。遗体器官捐献活动所引发的伦理议题引发了社会高度关注。为了确保遗体器官捐献符合社会公众利益和道德标准,不能单纯地通过反思来为器官捐献事业的发展提供伦理引导,必须将法治理念、法律规则和程序规范等运用到遗体器官捐献的伦理治理中。新修订的《人体器官捐献和移植条例》确立了器官捐献必须遵循的“有利、不伤害、尊重生命、公平公正、符合规律和公序良俗”等伦理准则,以及开展器官获取伦理审查工作必须遵守的“自愿无偿、知情同意、控制风险、公平公正、保护隐私”等五大原则。面对日益增多的遗体器官捐献案例及其引发的伦理挑战,建议成立“国家级人体器官捐献伦理委员会”、尽快从法律层面明确死亡的定义和判定标准,并创建有效的伦理风险监测和监管机制,在法律框架内持续推动器官捐献事业进步,切实保障社会公众利益和基本权利。

     

    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.

     

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