On The Constitutional Principles Of Organ Transplant Legislation

The21st century is the century of the life sciences, the technology of organtransplantation is regarded as the top of the medical science of the21stcentury with itshigh technological content and brilliant achievements. In recent years, China’s organtransplantation has been developed rapidly. However there are some defects in therelated legal system. The existing organ transplant legislation has already can not meetthe needs of the society. Strengthen the organ transplant legislation is urgency andreality. The legislation should be strictly comply with relevant constitutional principle.From the perspective of constitution, this article expounded the constitutional principlerequirements of legal reservation, protection of the right to life, personal dignity andequality, and puts forward some suggestions to improve our legislation of organtransplantation. According to the principle of legal reservation, the National People’sCongress and its Standing Committee should set up “The Human Organ TransplantAct”. According to the principle of protection of the right to life, brain death should belegally defined. According to the principle of personal dignity, we should pay attentionto the dignity of the dead condemned and their families. According to the principle ofequality, we should be equal to the organ donor and acceptor, prohibit the organ tradeand establish a more equitable organ allocation system.