Human Organ Transplant Legislation In Our Country

Over the years, the rapid development of China’s Human Organ Transplant medicine, whether technical or technically, are at the forefront of the world. Although China introduced a number of administrative regulations and departmental rules from2000, but has not been the introduction of the complete system of the Human Organ Transplant Act and the "brain-death", resulting in the blank of the field of human organ transplantation law, Therefore called for the introduction of System Code, and the current legislation of the problems exposed reasonable legislative proposal is the purpose of this article.To sort out our existing more messy human organ transplant laws and regulations, Combined with comparative analysis of advanced legislation with the Western developed countries, human organ transplantation research to identify the gap where the legislation of the Human Organ Transplant, Based on national conditions, to abandon the foreign legislation and system, and concludes with recommendations to improve the human organ transplant legislation. In this process, China’s Human Organ Transplant legislation at least the following three questions can not be avoided:first, the origin and distribution of human organs; the second is the protection of donors and recipients of life and health; third, the standard of death and the regulation of human organ harvesting procedures."Human Organ Transplant Ordinance" in human organ donors is limited to within the blood relatives and spouses of the three relatives, which both cause a shortage, but also limited the scope of the receptor, I follow the international trend, combining the current situation, the source of the organs extend to the voluntary donation, presumed consent, the field of cloning organs, artificial organs and commercialization, try to get rid of the restrictions of "third-class pro". Also refined organ allocation, the introduction of the elements of the assigned reference, the principle of the middle platform, Efforts to achieve the distribution of fair, just and open.Placed in a prominent position in the process of organ transplantation, the donor life and health protection, the paper is timely recommended the establishment of the right to human organs and additional reasonable compensation system, but also life and health of minors on death row, and receptor rights protect the individual in-depth study.Death criteria can not be avoided in the Human Organ Transplant legislation, I also do not think the Organ Transplant Act of brain death legislation is not complete. This article attempts to design death binary standard that remain the heart of death as a judge of people’s basic standards, legislation to establish brain death criteria, the latter as the former supplementary criteria follow the principle of informed consent, given the option of the donor. Scientific and practical standard of the death of the human organ harvesting procedure more detailed, joined in the regulation of the procedure should be death to determine the review procedure, the accidental death of a special review of the system and record keeping for future reference system, should also be strengthened on the medical side supervision.