Legal Analysis Of The Human Organ Donation

With the rapid development of medical technology, human organ transplantation is nolonger a distant dream, and many people get a second life, but not everyone is so lucky. In thecurrent, Human organ donation is the only channel of organ procurement, many people stilldie because that they fail to be transplanted human organs. But the lack of human organdonation does not come to be solved immediately, we are faced with many problems.This article proposed improving China’s human organ donation legislation by comparingthe Legislation of the foreign and Taiwan, Hong Kong and Macao regions, with China’snational conditions.It explores the legal nature of the organ and right of ownership in thehuman organ donation from the perspective of civil law, the integrated use of illustration,comparison and many other methods.The paper is divided into the following six parts, a total of about20,000words.The first part is the concept of human organs, classification and legal nature. It elaboratesthe concept of human organs, the major categories. It discusses the legal nature of organs ofthe human body, organs that separate from human body and organs of dead bodies at the sametime from three perspectives.The second part is the definition of human organ donation, legal nature, characteristicsand classification. This section elaborates the meaning mainly from the perspective of humanorgan donation in order to clarify the difference between the human organ donation andgeneral gift.Human organ donation is a free, specific type, practical donation. It discusses thecharacteristics and classification of human organ donation in detail.The third part is the status of human organ donation and human organ trading ban. Theauthor analyzes the status of human organ donation, in order to explore the problems ofhuman organs trade, and shows that organ trade must be prohibited.The fourth part is the legal relationship of the human organ donation process. It mainlyexpounds the subject that contains donor, receptor and medical institutions; object that ishuman organ donation, the execution behavior and implantation behavior of medicalinstitutions; the content of the main rights and obligations of each subject.The fifth part is the Human Organ Donation and Comparative Law. This part lists thelegislation of the United States, Japan, European countries and China Taiwan, Hong Kong and Macao. Its critical analysis is worth to be referenced.The sixth part is our legislation of the organ donation system which should be improved.This part describes the current situation of China’s organ donation legislation, points out thedeficiencies, and puts forward corresponding legislative proposals according to thedeficiencies.