A Study On The Legal System Of The Donation Of The Body And Body In China

With the development of modern medical technology, medical level of progress, organ transplantation organ failure patients who are facing death due to re-ignite the desire for life. Our organ transplant technology has made considerable progress since the 1960 s and into the clinic, organ transplant legislation also will produce. Our administrative regulations on organ transplantation was in 2007 by the State Council promulgated the "Human Organ Transplant Ordinance" So far this is the only one administrative regulations on organ transplants. Promulgation of the regulations so that our country out of a long-term organ transplant dilemma no legal basis, since to carry out organ transplants our work with legal support. National Planning Commission of Health approved a total of 165 hospitals nationwide to carry out human organ transplants, according to World Health Organization statistics, China has become the second largest organ transplant country all around the world, except the United States.Currently, almost all organ transplants in China has conditions independently, but organ transplants in China each year smoothly only about ten thousand cases. The main reason for this dilemma is the shortage of organ donors, waiting for organ transplants far less than the number of receptors.Organ donation remains the main source of organ donors, and our bodies and the low rate of organ donation, which directly affects the development of China’s organ transplant industry. The main reason for the low rate of organ donation remains are: the legal system, the body organ donation legislation is lagging behind, the relevant provisions exist only administrative regulations "Human Organ Transplant Ordinance" in many problems, lack of a unified legal system of organ donation remains; brain death standards have not been established, the current standard cardiopulmonary death caused a lot of resources remains an organ can not be used; the traditional "filial piety" Concept of medical institutions and civil crisis of confidence hinders people’s willingness to donate; its regulatory organ donation is not in place and so on. One of the most important and most fundamental reason is related to the legal system of organ transplant incomplete. Therefore, how to improve organ transplantation and organ donation remains the legal system and improve the rate of organ donation remains a priority.By comparison with foreign mature organ transplant legislation, to identify the legal system of organ donation remains defects. The status quo remains of organ donation rate is low in our country at present, learn from his country’s advanced system model is proposed to improve our bodies organ donation Legal System Recommendation: brain death criteria with legal form, to establish cardiopulmonary death and brain death freely chosen Binary death standards; spiritual from the material incentive compensation and two-pronged approach to the establishment of the body organ donation compensation system; the establishment of a unified national body organ donation system, including organ donation registration system and the organ allocation system to ensure that the program remains open and transparent organ donation, organ allocation use fair and reasonable.