Research On Legal Problems Of The Human Organs Transplanting

As the brightest jewel in the medical crown, the development of organ transplantation has made brilliant achievements, which is the result of mankind’s continuous pursuit of the scientific and technological progress. Organ transplantation has been carried out in the field of clinical medicine extensively, saving countless lives and improving the patients’ quality of life, which is more and more recognized by the world. At the same time, the development of organ transplants is also the result of the progress of human civilization, organ transplantation puts forward new challenges to human’s old concept as well as promotes human beings to rethink and examine the impact of organ transplantation and adjust accordingly. This adjustment requires us to make legislative guidelines within the world.The clinical organ transplant in china was carried out later than that in developed countries, but the medical workers in our country have been doing their utmost to catch up with the most sophisticated technologies in the field of organ transplant and now we have already owned the most advanced technologies in this field. But in contrast, our organ transplant legislation has lagged behind comparably. China made the first national organ transplant administrative regulations as late as2007-"Human Organ Transplant Ordinance"(hereinafter referred to as the "Ordinance"). After several years of being carried out, some of the shortcomings of this legislation begin to appear.This paper tries to give a preliminary discussion to the related legislative laws about organ transplantation in order to initiate a wider discussion, causing academic thinking and attention to the relevant issues, consequently the healthy development of organ transplant technology can be promoted.The paper is divided into three parts including introduction, body and conclusion. The body in this paper is the main content which consists of four parts:the first part is used to define the meaning and classification of the basic issues of the organ transplants; the second part is used to review the course of development of organ transplantation at home and abroad and look forward to the organ transplant tendencies, analyzing its existing problems; the third part is used to focus on the involving civil laws of organ transplant, such as the basic principles of organ transplantation, the composing elements of organ transplantation and the civil legal definitions of human organs; the fourth part is used to review the current "Regulations" and comment on the organ transplant legislation at home and abroad at the same time, finding out its insufficient points and put forward specific legislative proposals.