Legislative Research On The Transplantation Of Human Organs

Transplantation of human organs is a process that removes a human organ and transplants it in the same body (situ), in the other human’s body (allograft), or in the same body parts and the different parts of other species (heterograft). On the standard of implementation phase, the transplantation of human organ has some legal problems in organ trading, the way of informed consent, organ allocation and judgment of status right. Our legislation needs to concern these factors. And there is no complete system in our legislation. In addition, the system of donation is imperfect, such as unreasonable protecting to special subjects’benefits, lacking of reimbursing to organ donors, no unimpeded registration for donations. Avoiding brain death and lacking the system and legal procedure of organs sharing are problems as well. We should learn the advanced experience of some countries and regions to obtain long-term development. Firstly, we should complete the legal system of the transplantation of organs. Secondly, we should perfect the donation system, such as protecting special subjects’benefits, adding reimbursing to organ donors, and designing flexible registration for donations. Thirdly, we should timely legislate on brain death and set up double standards of heart death and brain death. Lastly, establishing sharing system and legal procedure to promote organ donation and equitable distribute of organ allocation.