Legal Analysis Of Human Organ Transplantation

Human Organ Transplantation is a technological leap in modern medicine. Thefirst article of Human Organ Transplantation Act provides: This regulation isformulated to standardize human organ transplantation, to guarantee medical quality,to insure human health, to defend the citizen rights. So, this technique is taken todevelop man himself and also supported by law. Except for obtaining by artificialorgans and animals, human organ donation is much more required in organprocurement. Human organ donation do benefit mankind. But it is different frommachinery parts which can be repaired or replaced freely while they are broken, Manwith organ failure can only survive by human organ transplantation, which spawnsnot only medical risks but also human ethical problems. Although the relevantoperational processes are supported and guaranteed by relevant laws andregulations of every country in the world, they simultaneously set many limits, somereligious groups have different voices. Technical civilizations development is anunstoppable trend, but how to balance humanity and traditional culture? How toguarantee the development of new technology being harnessed less as a runawayhorse? Laws are like the bridles and they can avoid the order out of control. How tostandardize laws? This among them besides comparing the present system of thewest and China, we also need to compare legal cultural differences between East andWest in greater detail, thus have a clear understanding on the development ofdifferent national conditions in order to enact laws more in line with our Chinesetraditional law culture, as well as our customs and cultural soil.Law is made by the needs of human happy life. It includes rational andemotional factors and has its own purposes. Sometimes law leads social progress,while sometime it is compelled to change by social change. In any case, law is in linewith the impulses of society. Law can not be made depart from our lives, which willagainst humanity. Law can not be ahead of our current life, too. Law which is madefor the future will not be accepted by anyone. This article attempts to rethink theissue on ethical of human organ transplantation under the high development of medical technology from the perspective of jurisprudence, especially from themutual comparison of different legal culture.