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对于器官捐献与移植,我国医学界与法律界一直存在很大的争议,由于没有相关法律规定,器官移植在我国医学领域一直处于无法可依的状态。深圳市近期出台的《深圳经济特区人体器官捐献条例》,虽仅是一部地方性法规,但对推进我国器官移植走上法制化、规范化道路无疑具有极大的促进作用,而且可能带来诸如脑死亡等一些其他医疗法律难题的破解。对于这部地方法规在医学与法律上的意义及尚待澄清的一些问题,北京嘉润律师事务所的萧晓晖,乔宁两位律师进行了客观的评价与分析,期盼能给医学界与法律界人士一些有益的启迪。
For organ donation and transplantation, there has been a lot of controversy between medical circles and legal circles in our country. Since there is no relevant law and regulation, organ transplantation has been in a state of being unmanageable in the medical field of our country. Shenzhen recently promulgated the “Regulations on the Donation of Human Organ in the Shenzhen Special Economic Zone,” although it is only a local laws and regulations, but undoubtedly promote the implementation of the institutionalization and standardization of organ transplantation in our country has a tremendous role in promoting, and may bring such as Brain death and some other medical legal problems cracked. For the medical and legal significance of the local laws and regulations and some issues to be clarified, Xiao Jiahui and Qiao Ning of Beijing Jiarun Law Firm conducted an objective evaluation and analysis, hoping to give the medical profession and the law Some helpful inspiration from the community.