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Abstract 摘要

Organ donation is the gift of an organ to help someone else who needs a transplant. Hundreds of people’s lives are saved each year by organ transplants. Yet the question remains: Who should give the priority in terms of donation procedures - the individual who feels a strong, personal commitment to offer his/her organ or the legal next-of-kin, i.e., the priority order of the family members? This has been greatly debated bioethical issue in China in recent years. Rather than emphasizing the right of individuals to decide what will happen after they die, or removing the burden of making a decision about organ donation from families dealing with the traumatic death of a loved one, the policy of family consent indicates the signif icant role of family in making the decision. That is to say, the consent, or lack of objection, of those closest to the patient is always sought before organs can be donated. The family involvement could avoid discomfort with the process on the one hand, but also cause conf licts when there is a disagreement between the donor and family members on the other.

This paper focuses its discussion on the context and impacts of the“ Rules regarding Organ Transplant” implemented in China since 2007. Then, it turns to traditional Confucian ethics to talk about the meaning of life and Confucian concept of family to show that Confucianism would support the idea of organ transplant. To prove the claim, the paper offers two recent examples of organ donation. Organ transplant should be advocated but the rules should be tighten in order to prevent unqualified doctors and profithungry hospitals from abusing patients and organ donors.

從儒家倫理的視角解讀中國新實施的《人體器官移植條例》,以第8 條中“共同表示同意”為著力點,認為,儒家的家庭倫理不僅深刻地影響者中國人的思維方式和行為方式,而且至今被人們認為是構建家庭倫理的最根本原則,有著廣泛的社會基礎和現實根據。分析了儒家倫理支持器官捐獻的理據,結合案例指出:家庭的知情同意並不違背個人的知情同意;應當在儒家的家庭倫理的基礎上探討這一條例的相關問題,從而幫助完善和實施這一條例,使我國有關人體器官移植和屍體捐獻的立法更加完備,為推動器官移植技術的發展建立更為有效的法律保障機制。並提出在在條例實施過程中還有五個相關問題需要澄清和解決。

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