A Study On The Legal Guarantee Of The Source Of Donor Organs In China

Organ transplantation is a challenging problem in realistic. Whether domestic or foreign, supply organs cannot satisfy the demand of organ transplantation. In terms of the source of organs for transplant mainly includes:firstly, the voluntary unpaid donations living or body organs, this is the world common legal source of organs; Secondly, organ trading, often in organ between providers and recipients or their agents, some even formed underground market, controlling by a third party; Thirdly, people get organs in criminal way, this is obviously illegal and criminal behavior; Fourthly, the state compulsory the dead organ (for example, the harvesting).In addition to the first way, the other three are to blame. National legislation does not allow organ market trading, obtain organ by way of criminal behavior, the behavior of the penal sanctions. National compulsory organ, the deceased was the main source of organs in a period of time, but as the awakening of human rights and popular, now more and more domestic and international condemnation, explicitly prohibited by the laws in many countries have become the behavior, also in China on January 1, 2015 nationwide ban the use of the harvesting, citizen voluntary donations is China’s organ transplant cause the only option. But, just rely on legal donations are far cannot satisfy the demand for organ transplants. Organ transplant donor source problem has become a global problem, lack of donor source which limits the development of organ transplant technology, and many problems is greatly restricted the human organ transplantation in our country promote and perfect clinical rescue work.In this paper, through logic analysis, comparative analysis and case analysis, access to the school library books, literature and journals newspapers and the Internet cases such as view of the shortage of donor organs organ transplantation in China this problem are studied. This article obtains from the concept of organ transplantation, organ transplant technology development present situation, analyzing the causes of deficiency of source of donor organs; Based on some of the organ transplantation law more mature national legislation, to draw lessons from the legislative experience, in order to help the organ transplant legislation work in China; In view of the present source of donor organs put forward the problems of donor source of perfecting our country’s legal protection system some Suggestions, first is the need to perfect the relevant legal system, establish the organ donation incentive system, strengthen theProtection of the donor and improving on charges related to the buying and selling human organs in the criminal law; The second is the need to establish and perfect the supporting measures to solve the lack of donor, such as establishing "brain death" standard, development of new technology and expand the donor organs of access, and so on. Finally based on academic circles discussed warmly about the transition of human organs put forward his own thinking, obviously, we are firmly opposed to for the transition of organs.The purpose of writing this essay is to the source of donor organs in our country related legal problems were analyzed, and the targeted is putting forward to the countermeasures of perfecting our country’s source of donor organs legal protection, hope to our country the healthy development of the organ transplantation.