The Legal Research On Organ Donation In China

Organ donation is the main source of organ transplantation. Data shows that theratio between voluntary organ donation donor and acceptor who waits for receiving anorgan transplant in current China is1:150, while the global ratio is1:10, and in ourcountry there is only0.56donor per million population in2013, while in Spain thereare35donors per million population, which suggested that source of organ donor inour country are of serious shortage. In recent years, with the pilot work on organdonation carried out and improved, the number of organ donations increased. FromMarch2010to the end of February2014in carrying out the organ donation pilot work,there are more than4000organ donations in China. So far, organ donation-relatedwork has been rolled out throughly, the number of organ donations is at a growth rateof two cases per day, but the shortage issue has still not been improved. People whoare waiting for organ transplant are increasing, and social problems it caused havebecome increasingly severe. How to improve public organ donation rates involvesmedicine, ethics, law and other disciplines problems. The author intends to performresearch on law-related issues of organ donation to change the state of no legal basison organ donation contents and to improve the development of organ donation.On the basis of literature review, in this text we analyze organ donation relatedlaws, regulations and policies of our country in detail, and by combining with foreignlegislation, we also focuse on the basic legal issues of organ donation in thoroughresearch. At the same time, we have designed the questionnaire on the investigation ofcognitive status about organ donation in Guangzhou area.The paper is divided into four parts in total: Firstly, we not only define the concept of organ donation, butanalyze the characteristic of it and its existed problems, in addition, legislation statusof China and foreign countries are also analyzed. Secondly, this article has analyzedthe legal relationships of organ donation such as subject, object, content and relevantbehaviors. Thirdly, we analyze the data from the questionnaire of “awarenessinvestigation on the public attitudes towards organ donation". Finally, this paper hasalso analyzed the legal problems of our country by combination with questionnairedata in order to improve legal norms on organ donation which are included as follows:1) The “regulations” on living organ donation donors is too narrow and should beexpanded from three generations to five kindred blood, allowing cross-transplantationand cancelling age limit in exceptional circumstances;2) Requirements on organdonation remain so strict that presumed consent system of priority order and applyingfor a driver’s license system should be implemented;3) For lack of organ donationprocess, responsibilities at all levels of government should be clear and thegovernment should build OPO comprehensively;4) Lack of compensation provisionsfor donors, the government should become the main body of compensation provider;5) The cornea transplantation, bone marrow transplantation and other human tissuetransplantation are suggested to be allowed to make up for the missing provisions ontissue transplantation;6) Lack of organ allocation, human organ allocation should bestrengthened and computer system construction be shared;7) Lack of brain deathlegislation, we should propaganda the concept of brain death, at the same time, thebrain death standard, brain death determination and other related practices should alsobe expressly established by legislation.