器官移植因其救死扶伤的目的及重大意义,为现代医疗实践普遍肯定和广泛运用。器官移植旨在治病救人,挽救患者的生命和健康,而生命面前人人平等,其首要立法基础是器官移植中摘取供者的器官应遵守“不伤害原则”。在不伤害的前提下,为充分保护权利,器官摘取应当得到器官供者的知情同意。在此意义上,人体器官也是器官供者的一种权利客体,但现代社会器官权利必须遵循商业化禁令。 Because of the purpose and significance of organ transplantation for the purpose of saving and dying, organ transplantation has been generally affirmed and widely used in modern medical practice. Organ transplantation aims to save lives, save the lives and health of patients, but all people are equal before their lives. Its primary legislative basis is that organ donors should be abided by during organ transplantation. Without prejudice, in order to fully protect the rights, organ harvesting should obtain the informed consent of organ donors. In this sense, human organs are also a kind of rights object of organ donors, but organ rights in modern society must follow commercial ban.