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随着一代代医学家不断的尝试与研究,医学技术迅猛发展。在移植学领域,骨髓移植的技术逐渐成熟,为白血病等一些血液疾病患者带来了福音。医学技术得到了发展,但骨髓移植在法律层面却没有明确规定。目前,我国在此方面的相关规定只有《人体器官移植条例》,骨髓不在其调整范围,骨髓捐献主要靠道德来约束。然而,生活中骨髓捐献者临时悔捐的事例时有发生,仅靠道德似乎无法规范骨髓捐献与移植,使得在医疗技术水平得以提高的情形下,患者依然得不到有效的治疗。因此,笔者意图探讨是否应将骨髓捐献纳入法律关系来调整,通过一些事实论证,介绍骨髓捐献的现状与存在的问题。首先简要介绍骨髓捐献者撤销权的概念、特征。通过对骨髓捐献者赋予撤销权的理论基础分析
With the continuous attempts and studies of medical scientists from generation to generation, medical technology has developed rapidly. In the field of transplantation, the technology of bone marrow transplantation has gradually matured, bringing the gospel to some blood diseases such as leukemia. Medical technology has been developed, but there is no legal regulation of bone marrow transplantation. At present, the relevant regulations in this regard in our country are only the Regulations on Human Organ Transplantation. The bone marrow is not in the scope of adjustment and bone marrow donation is mainly restricted by morality. However, the occasional cases of bone marrow donors’ temporary repentance in life occur from time to time. Morality alone can not seem to regulate the bone marrow donation and transplantation, so that the patients still can not get effective treatment if the medical skill level is improved. Therefore, the author intends to explore whether the bone marrow should be incorporated into the legal relationship to adjust, through some factual evidence to introduce the status of bone marrow donation and existing problems. First, we briefly introduce the concept and characteristics of bone marrow donor’s right of withdrawal. Through the theoretical basis of giving the right to withdraw the bone marrow donor analysis