| Project/Area Number |
12620072
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Criminal law
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| Research Institution | Kanagawa University |
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Principal Investigator |
NAGAI Madoka Kanagawa University, Faculty of Law, Professor, 法学部, 教授 (50102215)
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| Co-Investigator(Kenkyū-buntansha) |
MACHINO Saku Sophia University, Professor, 法学部, 教授
YAJIMA Motomi Sophia University, Professor, 法学部, 教授
YAMAMOTO Teruyuki Teikyo University, Professor, 法学部, 助教授
USUKI Yutaka Otaru Commerce University, Assistant Professor, 商学部, 助教授
KONDO Kazuya Toyama University, Assistant Professor, 経済学部, 助教授
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| Project Period (FY) |
2000 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2001: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 2000: ¥2,000,000 (Direct Cost: ¥2,000,000)
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| Keywords | Life / Amendment Draft / Criteria of Brain Death / Tissue Donation / Fair Procedure / Personal Date Protection / Organ Donation / Consent / 臓器移植 |
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| Research Abstract |
Our research aims to make a legal basement for the amendment of Organ Transplantation Law enforced 11th October 1997.
Japanese Organ Transplantation Law was legislated to enable organ transplantation from the bodies of deceased person by Brain Death.
However the requirements of the law are so nearly to prohibit the organ transplantation, that transplants cases in hospital were very few after the enforcement. The donation would never increase because of poor social consensus to Brain Death definition and of deficit of public opinion to promote organ transplants. Simultaneously the Law was very weak to diminish the people's anxiety about medical criteria of Brain Death. (1)The Law has no provisions about transplants from Living Donors, which is worse choice than transplants from Donors of Brain Death. (2)The Law failed to declare that Brain Death is equal to the decease of human life(§6I). (3) The Law also failed to respect the living wills of Donors. (4)The law has also no provisions of the transplants from infants aged below 15 years old. (5)Transparency of transplants procedure is insufficient to get donor consent.
We researched legislative responses to organ transplantation in Germany, France, USA and Korea to compare with Japanese Law. Our fruits were presented by the publication of "the Essential Amendment Points of Transplantation Law". These presented contents will be now realizing in the draft of the Law amendment. Consequently our research achieves great success.
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