On August 23, when the 12th meeting of the Standing Committee of the 13th National Peoples Congress was divided into groups to consider the draft of personality rights in the Civil Code, the new content in the third review of the draft triggered a heated debate. Several members suggested that it should be carefully studied whether to upgrade the content into law.
Specializing in the issue of body donation
In January this year, a five-man amateur team played a two-minute performance on the WCBA All-Star Stadium, but it made countless people cry. The cause of the incident was a 16-year-old boy who loved basketball and died of illness. His parents donated many of his organs for the rebirth of seven people. Five of them formed a team to commemorate the teenager with this special game.
One life passed away, and a new team came in. However, due to the large population base and large number of patients in China, there are about 300,000 patients waiting for organ transplantation every year. The proportion of organ transplantation per year is 30:1, and only about 10,000 people can wait for transplantation opportunities. According to the data of the Chinese Center for Human Organ Donation Management, as of January 31, 2019, the number of registered volunteer organ donors in China was 99,2540. Obviously, if the body donation can be legally recognized, it will be of great significance to the rescue of others.
Previously, the second draft of the draft stipulated the decision to donate human cells, human tissues, human organs and remains free of charge before a person with full civil capacity lived. Some opinions hold that postmortem donation is conducive to the development of medical and health undertakings and to the promotion of socialist core values, and should be encouraged. It is suggested that the relevant contents of the Regulations on Human Organ Transplantation of the State Council be absorbed to clarify that if a citizen refuses to donate before his or her death, his or her close relatives may jointly decide to donate. This view was adopted in the third draft review.
This opinion was adopted in the third review, and it was added that if a natural person did not express his disapproval of donation before his or her life, his or her spouse, adult children and parents may jointly decide to donate in writing after his or her death.
However, in the group deliberations, this content has aroused controversy.
What right to do so must be clarified
There are two questions that need to be studied. In the view of Mr. Chen Sixi, first of all, the remains are not equal to the heritage, and they are not ordinary objects. Whether relatives have the right to deal with the remains themselves involves ethical issues. If it rises to law, its rationality and ethical issues deserve to be well studied and clarified. Why do we have this right? Where did it come from? On what basis? Do you have the right to dispose of it? Legislation should pay attention to jurisprudence, the source of rights must be clarified. Chen Sixi said.
Secondly, it is necessary to study the consequences of such a regulation in the future. For example, the sale of organs is very serious now. Will there be a situation of giving up treatment and rescue for illegal purposes? Will there be the possibility of deliberately abandoning the rescue of patients for the purpose of treating other patients? The possible adverse consequences should be studied clearly and the corresponding measures should be taken to avoid them. If these consequences are not thoroughly studied and no measures are taken to avoid them, it is not prudent to make regulations rashly. Chen Sixi said.
Willingness to donate should be expressed
I think the law should express the willingness to donate. Members Du Liming believed that in human donation, it was very important to respect the will of natural persons to apply, especially those who had full capacity for civil conduct. He specifically recommended that:
One is to amend the second paragraph of Article 787 of the draft as follows: If a person with full capacity for civil conduct agrees to contribute in accordance with the provisions of the preceding paragraph, it shall be in written form or in a valid Testament form. Before donation, a natural person may withdraw or withdraw his consent to donation. This is what we do in practice, but I think there should be clear legal provisions.
The second is to delete the words if a natural person has not expressed his disapproval of donation before his or her life, his or her spouse, adult children and parents may decide to donate jointly in written form after the death of the natural person. It is suggested that the words if a person without or with limited capacity for civil conduct has not expressed his or her disapproval of donation before his or her life, after the death of the natural person, Their spouses, adult children and parents may decide to donate in writing together. ?
It is advisable to strengthen propaganda and guidance but not to break the law first.
I dont think its too urgent for the donation of the body. Many people may feel uneasy about this item and worry about the disposal of the body after death. If we add the donation of the body and the financial compensation, there may be more problems. Commissioner Zheng Gongcheng suggested that we should strengthen propaganda and guidance, but not break the law first.
Zheng Gongcheng said, Now organ donation is less and needs more, so it is understandable to increase organ donation through legislation. But this may cause uneasiness, because the idea that the deceased are big and respected is our traditional culture, just like the idea of succession, coexistence of generations and multiple children, which will change with the development and progress of society. If there are not many people who insist on Inheritance and succession, and adhere to multi-generations and multi-son and multi-blessed, I believe that with social development and progress, more and more people will voluntarily participate in the ranks of donors.
Source: Responsible Editor of Legal Daily: Xing Haibo_NBJS8850