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霍原在《学术交流》2017年第6期撰文指出,当自然人进行器官捐献的自我决定自由,被民法基本法的立法规范所承认时,即为器官捐献自己决定权。但囿于该权利的母权利——身体权在我国民法基本法范畴内的规范缺失,使得该权利无法得到民法基本法的承认和规范,进而导致该权利始终无法得到民事立法的全面保护。因此,在对现行立法守成和创新的基础上,借鉴域外立法的先
Huo Yuan wrote in Academic Exchange No. 6, 2017 that when a natural person makes self-determination of organ donation and is recognized by the legislative norms of the Basic Law of Civil Law, he donates his or her own discretion. However, the lack of standardization of the right of the mother, the right to body, which belongs to the right, in the scope of the Basic Law of Civil Law in our country makes it impossible to be recognized and regulated by the Basic Law of the Civil Law, thus leading to the fact that the right can not be fully protected by civil legislation. Therefore, on the basis of keeping and innovating the current legislation, we should learn from the precedence of extraterritorial legislation