Abstract:The corpse organs donation relies on both the deceased’s self-determination and his family’s determination but the former is more preferred.On the scope of "Survivor",we should consider from the dual perspective of form and substance.In view of the form,those who have management right of the remains as well as being a mourner status of course should be considered as the survivor’s range.Substantially,those who kept a close family life with the deceased should be included into the range.The survivors must reach a common consent for organ extracting or donation of remains.It is legitimate for the deceased has written consent of the donation of his or her corpse organ or remains,or the deceased had no rejection but his or her survivors could deduce commitment.
熊永明. 尸体器官或者遗体捐献涉及的法律问题[J]. 南昌大学学报(人文社会科学版), 2012, 43(04): 104-108.
xiong yongming. On the Law Issues Concerning Donation of Corpse Organs or Carnal Remains. , 2012, 43(04): 104-108.