A Study On Legal Problems Of Chinese Human Organ Transplantation

As an important breakthrough, the development of medical science andtechnology of human organ transplantation in the patients with end-stage organfailure reveal a preeminent demeanor, known as "the top of the medicine in the21stcentury". In1954, in the human history’s first organ transplant surgery, transplanttechnology by vascular anastomosis, short-term cryopreservation donor organscontrol technology, the application of immunosuppressant drugs row of epidemicresponse after three major innovations are widely used in clinical treatment, let manypatients see the light of life again.China Taoist classics "Lie Zi" described in the heart the legend of bias que, itreflects the Chinese nation has begun the exploration of human organ transplantationtechnology. The development of organ transplantation in China later in the worldscience and technology leading countries, but in our country under the unremittingefforts of medical scientists, to obtain rapid development and the technology in theworld’s advanced level. Human organ transplant technology has started late in China,is developing rapidly, the demand for big characteristic, while China defects exist inthe aspects of the legal system of rules and regulations, seriously hindered thetransplant technology progress. Since July1982, the Chinese about legal system-thefirst in the field of transplantation of corneal transplant ordinance was enacted, untilMarch2007-China’s first organ transplant administrative regulations for theestablishment of the human organ transplant ordinance, research achievements inorgan transplantation law in China emerge in endlessly. As a medical technology andthe common product of the development of human civilization, the human organtransplant bumps need in the field of medicine, ethics, law and so on comprehensivesupport together. Research in the field of law in China, however, is not sufficient,backward legislation technology, such as fuzzy content problem let us see the gapwith developed countries legislation still exist. Derailed because the legal system andthe development of medical science and technology and the organ shortage of resources, uneven distribution of the current situation of crime is rampant illegalbuying and selling human organs and let us review organ transplantation for theimpact of the existing laws and regulations, and think about how to perfect the legalsystem, from essentially regulation practice problems.This article from the concept of human organ transplantation, classification ofthe basic theory, summarizes the current technical development course, the historyand current situation of the human organ transplant technology in China. Then,through sorting out the Chinese legislation evolution, the human organ transplantsums up the main principles of the human organ transplant ordinance and the maincontent, affirmed the progress on the legislation; As China has the highest legal effectin the field of transplantation of administrative rules and regulations, and to promotethe human organ transplant ordinance transplant technology development milestone.Case occur again according to the reality, and comparing the existing legal system,law, puts forward the author thinks that the current legislation in our country are inurgent need of research to solve several legal problems, such as the standard of deathhave not been clearly stipulated by the law, lack of legal protection organ donationexecuted prisoners, in organ transplant donor no compensation measures, etc.Author thinks that, these problems are closely related to the development ofChina’s human organ transplantation, of which the law should attach great importanceto. Finally, on the basis of the current national conditions, absorbing the essence ofthe other countries will be more scientific law, put forward to perfect the legal systemof China’s human organ transplantation.