Comparative Law Study Between Chinese "Human Organ Transplant Ordinance" And New Zealand "Human Tissue Act"

The appearance of organ transplantation technology has met human’s mostancient desire to live longer. And meanwhile exposed many evil thoughts deeply rooted in people’s mind, discovered the fact that modern economic societyhad made many corrosions on humanity. organ trading, stealing organs, forcedorgan collection, using fetal organs and bodied illegally; backward public awareness for organ donation; the huge gap of organ resource; the ethic challengesof allogeneic transplantation, xenogeneic transplantation and even crazy transplantation experiments. All those problems above indicate the fact that transplantation is not simply only an issue about technology, but also related with ethical and moral concept and tradition of a country, and related with the level ofeconomic and cultural development and the whole legal system, and is affectedby the process of internationalization. Even just to discuss this problem in the legislative dimension, we can still not only talk about terms and penalty system or analysis this question based only on one country’s domestic situation. Therefore, this paper uses the methods of comparative law, based on Chinese“Human Organ Transplant Ordinance”, to compare it with New Zealand “Human Tissue Act”. This paper starts with the practice state of transplantation, considering the different tradition and reality, and mostly analysis the similarities and differences within values, principles, and rules between this two country’s organ transplantation laws. Hope to improve our understanding of the current“Human Organ Transplant Ordinance”, to recognize its advantage and, to pointits inadequacies. Hope to find some adaptable principles and rules from theNew Zealand “Human Tissue Act”, to make our “Human Organ Transplant Ordinance” more scientific more practicable.