Legal thought of the compensation for bone marrow donation under the new transplant technology
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    Abstract:

    In Flynn vs. Holder,the court held that the hematopoietic stem cells taken from the blood by peripheral blood stem cell apheresis were a subpart of the blood rather than a subpart of the bone marrow,resulting that the compensation ban in National Organ Transplant Act was not applied to peripheral blood stem cell apheresis. Though this decision had some defects,it allowed the compensation for bone marrow donation,which would bring some positive policy significance. China should allow compensation in the area of marrow donation by peripheral blood stem cell apheresis because of social policy’s priority over the law of nature. Therefore in China,Blood Donation Law,rather than Organ Transplant Regulation,should be applied in the area of donation by peripheral blood stem cell apheresis.

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孙也龙.新技术背景下骨髓捐献补偿机制的法学思考——以美国弗林案为视角[J].南京医科大学学报(自然科学版英文版),2014,(1):021-025.

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History
  • Received:November 13,2013
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  • Online: February 26,2014
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