Research On Legal Problems Of Human Organ Transplantation

Ending up facing death, inevitable to every person, is the best example of “all menare created equal”. However, human beings never stopped fighting fate. With talent,creativity and devoted effort, we’ve been trying to prolong lifespan, which is the dreamof each generation. Organ transplantation has made that dream come true, and drawn uscloser to fighting death. At the same time, the law issues that come with it are drawingmore and more attention.By analyzing classic cases, this essay talks about law issues with regards to organtransplantation, and further analyzes the nature of organ on the basis of its legal concept.There are three types of human organ, one that is yet to detach from human body, onethat’s detached, and corpse organ. The first type is subjected to basic human right.Therefore it belongs to individuals. The second and the third are complicated and shouldbe dealt with one case at a time, as they are perceived as special objects. Referring torelated legislation in foreign countries, this essay points out deficiency of ours, forinstance, national legislation, ignoring brain-dead cases, and regulations on organdonation, etc. it is imperative that organ transplantation be legislated, and standard onjudging brain-dead be regulated. Also suggested in this essay are setting up regulationson encouraging organ donation, protecting rights of minor citizens, widening the rangeof recipients, and vary means of donation. It’s hoped that this essay would be providinginsights and motivation to legislation of organ transplantation.