Study On Organ Donation Problem Of The Condemned

In the context of the fact that the organ available for transplantation is severeinsufficient, the issue about organ donation of The condemned remained thecontroversial and sensible topic at present judicial practice at domestic, and theresearch of it holds on theoretical value and empirical value. At present, there exist theviewpoints of pro and con and their reasons accordingly towards the issue about organdonation of The condemned among theoreticians. However, in accordance withrelevant laws, there exist three types of application models about The condemnedorgans in present judicial practice, which are donation model of “voluntaryagreement”, donation model of “constructive agreement” and the model of specificinstances or occurrences. From the theoretical and practical perspective, organdonation of The condemned is in feasibility from reality and criminal law. Thefeasibility in practical aspect about organ donation of The condemned chiefly comesfrom donation willingness, fine quality organs of The condemned, and the ethicalbehavior of donation. The feasibility about organ donation of The condemned incriminal law is proved by organ donation of The condemned’s disengagement fromidentity of meritorious services and indemnify from humanistic principles in penalty.Whereas, some problems are in existence in present system about organ donation ofThe condemned. These problems chiefly comprise low level of legal document aboutorgan donation of The condemned, too simple entity regularities about it and lack ofprocedure about donation. Therefore, these problems result in difficulties andunachievable goals of organ donation from The condemneds in judicial practice.Consequently, the system about organ donation of The condemned is needed to beimproved from the following three aspects. First, setting aside special regularities fororgan donation of The condemned in legislation so as to set up unified system about itall over China; second, defining virtual condition of The condemneds; third,constructing strict donation procedure about organ donation of The condemneds. Withthe three preparations in mind, the system about organ donation of The condemnedswill be more standard, and the predicament of shortage of organs available fortransplantation can be released in some degree. But in terms of long-term interests, thesupport and investment towards it from government and the whole society is thecompletely way to solve it.