On The Perfection Of The Human Organ Donation And Transplantation Law Of China

Organ transplantation in this essay refers to the medical technology of transplantingone’s organ or tissues into his own body or others’. With the rapid progress of the medicalscience, organ transplant operation has become an important way to save the lives of patientsin advanced stage. However, illegal organ transplantation and organ selling has been a seriousproblem now. It has an very bad effect on the order and development of organ transplantation.The main standard law of organ transplantation is the“Regulations on human organtransplantation” passed by the State Council in2007. while, there are deficiencies in thecurrent regulations. The source of the organs, the distributing system, the entry certificationsystem of organ transplant medical organizations should be further improved. In the essay,theauthor taking the method of comparative study introduced the basic knowledge of the“Regulations on human organ transplantation”. Base on the introduction, the author discussedsome controversial theoretical questions, referred to the Legislative situation in Taiwan,Chinaand some foreign countries and put forward the advice of making “The Law of Human OrganDonation and Transplantation “, setting up the the Standard of dualistic death, establishing anuniform information registration and distribution network system, popularizing the donationcard system and taking the donation of the death penalty criminals’ body into the scope of the“regulation”.There are more than30,000words, divided in five parts in this essay. Part one, introducethe basic knowledge of the "Regulations on human organ transplantation" including the Scopeof application of the regulation, the basic principles of organ transplantation, the range ofOrgan Donors, the medical organization entry certification system, the clinical application andthe review system of organ transplantation by the Ethics committee. Part two, base on theintroduction, the author is going to analyze the historic progress of organ transplantation——the established basic principles:Voluntary, informed and consent, fairness and justice.The prohibition selling of organs, the establishment of the medical organization entrycertification system, organ transplantation and clinical application and the examination and approval system by the Ethics committee. Part three, to point out the deficiencies of the"Regulations"——The legislative level is low, the uncertainty of death standards goes againstthe organ transplant operation, Organ collecting and distributing system is not perfect andOrgan allocation is in a disorder state. Part four, the author will study the law experience ofAmerica, Spain and Tai wan,China in organ transplantation, compare and analyze theadvantages and deficiencies of Special legislation and Mixed Legislation in brain death andOrgan transplant laws in America and Spain and consult the law-setting model of collectingand distributing system in the two countries and the legislation of dualistic death Standard inTai Wan, so as to absorb some useful experience for the legislation of China. Part five, theauthor would put forward the advice that China should make a law about human body organdonation and transplantation, recognize the legitimacy of dualistic death Standard, set up auniform Network system of Organ donation and distribution in the country. Making a fair andscientific distributive system according to medical requirements and Geographic range. At thesame time, make laws to regulate the organ transplantation of The death penalty criminals andPerfect the responsibility system to illegal organ transplant activities.