On The Perfection Of China's Donor System Of Organ Transplantation

The donor is the party who donates his organ in the process of organ transplantation. The donor system includes regulations about modes of donation, donation of living people, protection of minors and those who have no full capacity for civil conduct, and prohibition of organ transaction. Its value target includes saving people and protecting citizens'legal rights.There are imperfections both in legislation and practice of organ transplantation in our county. The imperfections in legislation include the vague definition of donors, which does not meet the social condition, the lack of limitation of donors'revocation, the imperfect protection of donors and the inappropriate punishment of offense. In practice, there are random revocation by donors'relatives, no standard for "brain death", no correspondent incentive system and no unified network for organ obtaining and sharing, which cause huge waste of organs.Centering on the Uniform Anatomical Gift Act, the National Organ Transplantation Acts and the United Network of Organ Sharing, the United States founds the most advanced and perfect organ transplantation system. And the UNOS system is imitated by many countries. Germany's donor system is worth referring, especially the regulations about who has the right to dispose the body. The progressive way to solve conflicts between traditional culture and advanced medical technology can be used to solve the problems we meet in establishing the standard of "brain death". Hong Kong, Macao and Taiwan are closely related to the mainland, the referential parts of their donor's systems include the limitation of the spouse, the wide definition of living donors and the compensation for donors.Therefore, to perfect the donor system of our country, we should, first adjust the focus of the value target. Then, we should take specific measures to establish the standard of "brain death", use the principle of "required response", redefine the range of donors, strengthen protection for donors and establish and perfect other related legal systems.