Protection Of Informed Consent Of Donor In Organ Transplantation

Organ transplantation is always a technology intertwined in the field of medicine, law, and ethics. Body organ transplantation is the last chance for many organ failure patients to save their lives and return to health. At the same time of this rapidly developing technology making us surprise by saving so many endangered patients, it also brings us many problems. As the amount of organ donation is much lower than the needs in China, the organs of dead organ donor are the most important resource for organ transplants in our country. While in this process, a large number of phenomenon of infringing the the dead organ donor’s right of informed and consent emerge in endlessly. Some body organ transplantation is conducted under the circumstance that the organ donor and his family are uninformed after the death. That is, organizations and individuals using the dead organ donor of the rules and regulations to steal dead organ donor’s organs after the execution in the black market. Behind this infringement of the right of dead organ donor and their families reflects the deficiency of the law system for the protection of the right of informed and consent of the dead organ donor in body organ transplantation.This paper consists of introduction, text and epilogue three parts. The text mainly includes three parts:The first part is an overview of body organ transplantation, including the definition and development and the legal attribute of body organ transplantation etc. This part discusses the the basis of informed consent rights protection for the organ transplantation. The first part focuses on the necessity of protecting the right of the body organ transplantation, which reflects that they are playing as a special subject in organ transplantation: Through the discussion of the range of the "patient" in organ transplantation, and make comparison accordingly to get the point why should we pay attention to protect the rights of those facing the death in this medical activities. After the discussion with the basic concepts related to the topic of this thesis. The second part is a violation of the right to informed consent that exists and the reasons for this phenomenon in organ transplants from dead organ donor. The last part is the key point of the entire article, and also the innovation. This part raises a few suggestions for the specific protection methods or system for the informed consent rights of dead organ donor. The key issues to be addressed are also concentrated in the fourth part, which is how to protect the informed consent right of the dead organ donor in the body organ transplantation. From three aspects we protect the informed consent rights: Organ transplants from dead organ donor consent systems, family decision of the dead organ donor, and the ethics committees death.The mode of the consent includes strong express consent, weak express consent, strong presumed consent, weak presumed consent. After analysis and comparison of the four kinds of consent modes, our nation should adopt the strong express consent mode for the organ transplantation for organ donor. And in accordance with China’s traditional culture, and combine with the agreement of the family. We should form the strong express consent mode on the basis of the consent of the family decision. Ethics Committee includes the hospital committee, the Review Committee, Medical Ethics Committee. The role of the hospital lies in investigation and authorization for special organ donation and provide protection who participate in organ transplantation in the form of Miscellaneous Provisions.