Comparison And Analysis On The Organ Transplantation Law In China And Germany

The rapid development of organ transplantation brings the gospel to the patientswith the loss of organ function. Although the development of organ transplantationin clinical medicine in our country is relatively late, the progress on organtransplantation technology is rapid. Especially in recent years, the development oforgan transplantation in China is rapid and the scale is growing. However, ourmedical practice in organ transplantation has stridden into the world’s advancedranks, the related legal researches and laws lag behind, which leads to many legalissues need to be solved and legal gaps need to be completed in the removal andtransplantation process of human organs. In consideration of that, our legislaturecould learn from foreign legislative experience, further make and uniform organtransplantation and organ donation laws on the basis of the existing relevant lawsand regulations in order to promote the healthy development of organ transplantationin China, to save more lives of patients with organ damage.The essay is divided into three parts. The first part is mainly about the comparison of thepurpose of legislation, the legislative scope and the basic principles of law general provisions onorgan transplantation law in China and German. The second part focuses on analyzing the basicsystem on organ transplantation law in China and German, which includes the scope of donorand receptor, the obligation of doctors and the donor agreed right. The third part is thecomparative analysis of the legal responsibility on the organ transplantation law in China andGerman. Each part includes some opinions and suggestions to the improvement of ourlegislation.