A Comparative Study On The Legal System Of Organ Donation And Transplantation

Organ donation and transplantation are not only an important work in clinical research, but also playing a significant role in law science. In 2007, Regulations on Human Organ Transplantation has been launched, which is the first regulation in China Mainland. However, this one is too simple to practice. In 1987, Taiwan legislates regulations on human organ transplantation which is prelude in Asia, then it has been amended for four times. Taiwan has more experiences of legislation than mainland. By comparing those said regulations,this thesis proposes some legislative suggestions to China Mainland. The paper consist of three parts with more than thirty-seven thousand wordsThe first part gives a general introduction of organ, organ donation and organ transplantation. Analysis on the concept and nature of organ and history of the organ donation and transplantation has been presented in this part as well as the situation of them in China Mainland, Taiwan, USA, Japan and Britain. Those analysis help defining the poor organ transplantation rate is actuality caused by low organ donation ratio.The second part is the contrast of legal system between Taiwan and mainland about the organ donation and transplantation. This part states the legislation pattern,the legal system of organ donation and transplantation law system in Taiwan and mainland. In order to illustrate the feature and shortage in legal institution on both sides of the Strait.The third part offers some legislative suggestions to China. When conditions are appropriate, the NPC and the NPC Standing Committee can enact a practical law,name as Human Organ donation and Transplantation Law. This law should improve pushing brain death, incentive and organ donation should not have to be registered,ban of living organ business, juveniles’ organ donate to relatives, dispose of unsuitable transplanted organ.