標題: RMMCV9kDDx [打印本頁] 作者: bgbioIj7i2 時間: 2015-7-1 23:55 標題: RMMCV9kDDx The so-called organ donation, is that when a person was diagnosed with brain death, can only rely on ventilator and drugs to maintain vital signs, agreed to the wishes of the individual or family during his lifetime,air jordan femme, based on the way in donations to donate their organs to dying, wait transplant patients, so that their continuity of life
May 1, 2007, the State Council promulgated the "Human Organ Transplant Ordinance" purposes. The regulation is mainly to carry out acts regulate organ transplant medical institutions, in chapter 2 of the Regulations, specifically human organ donors to the conditions and scope of the development of the rules. In which the provisions of Article VIII, donated human organs citizens should have full civil capacity
Taiwan Jianlin told this reporter trainee reporter intern newspaper any fresh snow Huijun
June 24, 2010, Shaanxi Province Weiyang Xi'an Public Security Bureau Detention Center.
Court of First Instance sentenced to death, deprived of political rights for life of Jiang Hua is this 22-year-old spent his birthday. Face police detention center sent birthday cake, his hands clasped on his chest, choked and said:. "This is my first birthday after the first death sentence to be executed me, hoping that all my organs donated to those in need save people lives. "At the same time, he expressed a hope to take to get a reduced sentence.
Condemned proposed organ donation, is not a new topic. However, this Hua Jiang "request" still sparked a controversy.
Four days three cases of crime
The Hua Jiang is only 22 years old. Young, experienced but not in general.
7 years old, her parents divorced; drop out of school after the age of 15, in his father's small processing plant to help. Later, under the leadership of the uncle, he learned to drink, smoke, holding his father's money removed from the erotic massage room and other places, and even become Miss punish prostitution. Whenever money to spend, and uncle, his father let him steal the money. In this way, the constant petty day, Jiang Hua Hunhundundun grow this.
A few years later, his father's small factory closed down due to the debt too much, Jiang Hua had to come out of this work. In an acquaintance, he went to work in a factory. Limited sources of income can not meet squandered, economic embarrassing day, his only way is robbed or steal or rob.
May 8, 2008, is about to turn 20 years old this Hua Jiang, in Xi'an after the robbery of a woman 200 yuan in cash For rape. Because the victim refused, this Hua Jiang stabbed his lower body and back, causing the victim lifelong infertility;
May 11 12 am, Jiang Hua and three of the people and rob an electric scooter driver, after chopped the victim stole 50 dollars and electric motorcycles, mobile phones and other items. Subsequently, the electric scooter is to sell 400 yuan, three people together from stolen money squandered.
January 3, 2009 in the evening, because that Reward, Jiang Hua to Xi'an Public Security Bureau of the young Branch Weiyang police station to surrender.
December 4, 2009, Shaanxi Province, Xi'an Intermediate People's Court sentenced Jiang of the China death, deprived of political rights for life.
When the Xi'an Intermediate People's Court, Jiang Hua saw this when he stabbed the victim lifelong infertility caused deep sorrow the way, Jiyu kneel apology.
Can organ donation
At present,louboutin pas cher, China's Jiang in this case has been the second instance, is awaiting a final judgment. In this regard, this Hua Jiang said that if upheld, it wishes to donate organs to form repentance.
The so-called organ donation, is that when a person was diagnosed with brain death, can only rely on ventilator and drugs to maintain vital signs, agreed to the wishes of the individual or family during his lifetime, based on the way in donations to donate their organs to dying, wait transplant patients, so that their lives can survive.
May 1,http://www.ogushow.jp, 2007, the State Council promulgated the "Human Organ Transplant Ordinance" purposes. The regulation is mainly to carry out acts regulate organ transplant medical institutions, in chapter 2 of the Regulations, specifically human organ donors to the conditions and scope of the development of the rules. In which the provisions of Article VIII, donated human organs citizens should have full civil capacity.
In addition, as early as October 9, 1984, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of Justice, Ministry of Health, Ministry of Civil Affairs jointly promulgated the "Provisional Regulations on the use of the death penalty or cadaveric bodies of criminals" and the provisions of the following Several bodies of criminals or the death penalty for the use of cadaveric organ: no Shoulian or family refused Shoulian; the death penalty criminals voluntarily pay health units use body; and by the consent of their families use.
So whether death row full civil capacity whether can donate organs
In this regard, Sichuan University doctoral tutor Professor of Procedural Law Samori people, saying: "the right to express willingness to donate organs from executed prisoners, whether to accept the rights of the patient and the hospital."
Professor who asked not to be named, Northwest University of Politics and Law, said: "rights of those facing life deprived of freedom is also limited, deprivation of civil rights was not, as long as those facing compliance with laws and regulations, voluntary expression of will, is unlimited . "
Secretary-General of the Professional Committee of the Shaanxi Provincial Criminal Lawyers Association Geng people believe that death row only to be deprived of political rights, other rights in addition has not been deprived of, as long as the true meaning of the expression, the right to dispose of the body organs is still there.
In 2009, the State Council Information Office held a press conference to health development achievements since the founding of the situation to introduce new China, the Chinese Health Ministry spokesman Mao Qun'an made it clear that Chinese law on organ donation was not whether the person is a prisoner predetermined and limit.
It is reported that China currently about 1000000-150 million people need organ transplants, but each year only 13,000 cases of surgery, that is, only about 1% of the people get the normal surgery, many lives in near-hopeless waiting, quietly gone.
President of Northwest University of Political Science and PhD supervisor Professor Jia Yu believes that death row inmates are deprived of the right to life and only his political rights, except the right not to be deprived. Some death row before his death, humanity back illuminated his mind, willing to donate the body to show atonement, this move does not violate the law, it should be given at least not censure.
Although many experts believe that death row inmates to donate organs is not contrary to the law, but opposition is heard.
"Even voluntary death row can not be cadaveric organ transplants, but can not carry on living organ transplant." I worked at the Chinese University of Political Science, a doctoral tutor said that both the countries,http://www.foxconn.name/home.php?mod=space&uid=329577, the government or society should not accept the donation of organs from executed prisoners next time legislation should prohibit death row inmates on death row organ transplant --- whether you agree or disagree, the only exception that could be considered is to allow death row inmates to donate their organs voluntarily to their spouses, close relatives.
Can organ donation commutation
The Hua Jiang proposed to donate their organs, one of which reason is the hope of a reduced sentence.
"People's Republic of China Criminal Law" Article 78 stipulates: "The judgment of control, detention, imprisonment,http://www.yizhao98.com/zhidao/question.php?qid=35683, life imprisonment of criminals during the execution, if he earnestly observes prison regulations, accepts education reform,scarpe nike uomo, true repentance, or have meritorious service, may reduce the sentence; there is one major meritorious service should be reduced. "
"Penal Code related to the interpretation of whether organ donation is not meritorious regulations, this may be more judgment by the judge." Criminal Law Research Center, deputy director of China University of Political He Bingsong believes organ donation in general may be difficult as the cause of the death penalty relief, "I have not heard of such a precedent, human organ donation is not a major meritorious service, eliminating the death penalty can not reach the level."
It is understood that the Supreme Court in 1998 issued a "Supreme People's Court on Several Issues treatment surrender and meritorious legal interpretation of specific applications," clearly defines the meritorious conduct in addition to the specific report such acts, but also "have other interests of the nation and society outstanding performance,http://www.xahzwl.com/home.php?mod=space&uid=17226, should be recognized as meritorious service. " Similarly, the major meritorious services in addition to the specific actions of others expose a major crime, but also includes "the state and other major contributions to society, such as performance, and should be recognized as a major meritorious service."
Some people think that death row inmates to donate organs can be regarded as a kind of "have other interests of the nation and society outstanding performance" or even "major outstanding performance." However, an unnamed expert told the "Legal Daily" reporters, said the death row inmates to donate organs of their own physical problems certainly do not belong to this performance.
"This outstanding performance generally refers to criminals after appearing in court, is the pre-trial,http://core-box2011.shop-pro.jp, some have other beneficial to the outstanding performance of the state and society, for example when it came to major natural disasters and actively participate in disaster relief,http://www.marineelectronicsjournal.com/how_to_buy.cgi, or in custody He prevented a number of major accidents and so on. "The expert stressed that this mainly refers to these contributions other than their own.
"If deemed meritorious,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=69&page=2", it would form a paradox, identified as meritorious, it will reduce the death penalty, death penalty relief, and we talk about organ donation." The experts believe that, if voluntary contributions we welcome, but not as commutation reason, even if others do not reward good advocate.
In addition, the Criminal Procedure Law research center professor of China University of Political Science, doctoral tutor Fan Chongyi in an interview with reporters, said,tiffany milano, "Organ donation is not a legal plot, hence the commutation no legal basis."
Commutation of death row inmates to donate organs can reason as, say, then in reality what basis should follow
Renmin University of China Professor Wang Zuofu that if this situation does in reality more words, the legislature may consider a wide range of comments, the issue of organ donation on death row to make a judicial interpretation, both on death row have such a positive performance, and will not be adversely affected.