Organ Transplantation And Presumption Of Consent

The great gap between supply and demand in organ transplantation is quite general over the world. The consent system has been changed for several times, in order to increase the rate of organ donation effectively. The proposal of presumed consent has launched heated discussion. Under such consent system, the person is presumed to give agreement for organ donation as long as there is no objection from himself, unless his family members object initiatively. The presumed consent may increase the amount of donated organ substantially; however is probably to cause the infringement of rights. Nowadays, several countries have already tried on legislation and practice of such system, but the process and effect is not satisfactory. The formulation and implementation of presumed consent, as well as the effect are all subject to the factors expect the system itself. In order to improve the development of presumed consent, the construction of supporting system is indispensible.The dissertation will be presented in7parts as following:Part I generally introduces the meaning of the study of organ donation and presumed consent, and the research structure of this dissertation. The scope is mainly limited within Common Law. This part also gives general idea of the domestic and international research in this area.Part II shows the current situation of organ donation in U.S. and U.K., and the great gap between supply and demand in organ transplantation, as well as the laws and regulations on organ transplantation in U.S. and U.K.Part III illustrates the development of consent system in organ donation, and introduces the research on presumed consent.Part IV focuses on the discussion on basic principle and correlation theory of presumed consent. This part analyzes the possible right infringed by the system and theoretical basis.Part V separately discusses the legislation, implementation and effect of presumed consent. The current situation of presumed consent in different countries is divided into three kind, including non-legislation, part-implementation and not-good-enough-effect. Based on those, this part analyzes the obstacles and reasons of them for the legislation and implementation of presumed consent, as well as the limitation of effect.Part VI illustrates the constrain elements of the development of presumed consent, and proposes the necessary supporting system. This part states that the development and effect of presumed consent are both subject to the factors expect the system itself, and the construction of supporting system is indispensible.Part VII summarizes the difficult position of presumed consent. Additionally, it gives general introduction for the organ donation situation in China, so as to illustrate that China is not quite ready to introduce such system.