On The Perfection Of The Legal System In The Human Organ Transplantation In China

Organ transplant from a holistic view of biology is a science, a combination of transplantation science related to various biological fields of scientific research, including various biological disciplines, such as:basic immunology, molecular biology, genetics, modern medicine, etc. thinking and methods of modern biological sciences, and enhance the transplant learning and biological disciplines in basic science, experimental science and clinical science research. Start from organ transplants carried out, there has been a shortage of sources of organs for transplant case, hinder the progress of organ transplantation. How to overcome difficulties in the existing legal norms, to increase organ donation and transplant donor? How to fix the limitations of the existing laws, for the benefit of patients waiting for organ transplants, and make it new lease of life? I have been very much hope. The difficulties faced by the source of organ transplants in China, including China’s social specific cultural practices, the promotion of the organ donation system easy, designated donation and relatives and other reasons; their impact organ donation will reduce the increase in the number of organ transplants, may be illegal trading in human organs and so on. In fact the world engaged in a situation of inadequate organ donation organ transplant, therefore, how the existing legal norms, to increase organ donation and transplant source? How reasonable sensible to break through the limitations of existing legal norms in order to benefit more patients waiting for organ transplants, making it new lease of life? I sincerely look forward to, especially looking forward to by this paper to discuss the improvement of legal norms in the legal and moral dilemma, and seek viable option.In China, the carcasses or live organ transplant, organ donor and recipient identity and transplantation procedures have strict limits. Cadaveric organ donors only in conditions of cardiac death during his lifetime need it clear that after the death of organs donated to people in need, but not for nominees and recipients with prior approval; living donors, in order to avoid buying and selling, limited to only get married over3years or married and had children spouse; bloodline or collateral consanguinity within three generations; limited to helping to form a family relationship:the relationship between adoptive parents and adopted children, stepparents and stepchildren relationships. Based on the above limitations may result in the relatives specified donated failure, as well as the source of organs to enable patients to take risks, the illicit trade. In addition, advances in organ transplantation, human life has been extended, but the transplant criteria decision, there has been the dilemma of ethical and medical standards, and possible organ trading issues involving ethics and organ Property Right value conflicts. Both of which lead to many social problems, this will be law sociological point of view to explore how the source of organs is not easy to difficult times, taking into account the needs of society and the norms of legality. For the bottom three questions to be explored: how to increase the source of organs donated corpses; how to develop a living organ transplantation; how to create a "brain death" standard and its supervision system.As mentioned earlier, the focus of this thesis, to explore the need for organ transplantation and the question of legality in accordance with the current shortage of domestic sources of organ transplants, to discuss how to rely on the legal system of discourse and correction. Take the following three methods:literature research, systems analysis and theory with practice. To investigate organ transplant-related laws and regulations to the operational situation in the Chinese judicial practice, based on "Human Organ Transplant Ordinance", to explore the differences in Chinese and foreign laws and regulations, inductive analysis similar foreign laws and regulations, to provide reference to amending the law in the future. Legal system, including civil, criminal and special law, in particular the Human Organ Transplant Ordinance "special law" and the related organ transplantation assigned a general principle, the death criteria, the Ministry of Health on a number of provisions that regulate the living organ transplantation are in his column. In addition to the discussion of the application of the laws and regulations, the legal basis for organ transplants will also be a little discussed, can be divided into two aspects of the ethical and legal proceed. Still need to comply with autonomy in an ethical sense, do not harm the donor, and the principles of fairness and justice; explore the constitutional right to life and human dignity will be in a legal sense, personality rights and organs of civil law property rights, as well as criminal law illegal and legitimate issues.The main purpose of this thesis, looking forward to a wide range of legal regulation discussed, discussed the necessity and usefulness of organ transplantation, trying to make recommendations and strategies for the medical profession, the legal profession and related administrative authority reference correction practicality of organ transplantation, increasing the legal organ donation sources to solve the plight of the domestic organ transplant.