Research On Legislation Of Organ Transplantation In China

Organ transplantation as a modern medical means, is widely used in clinicalpractice, brought hope and happiness to countless patients. With the high-speeddevelopment of science and technology, organ transplantation will enter a newperiod of vigorous development, benefit more people. However the organtransplantation technique at the same time bring expected also brought manycomplex legal issues. A country under the rule of law progress, cannot do withoutadvancing legislation, legislation on social behavior to achieve fairness and justice,to achieve social stability and prosperity will. In recent years, organ transplantationin our country enterprise vigorous development, in the field of technology of ourcountry has already become one of the world’s leading ranks, but in a backward statein the legislation, which has certain obstacles to the development of the rule of lawin china. In order to solve this problem, based on the understanding of the situationof organ transplantation, using comparative analysis method, to collect a largeamount of information and data, is divided into four parts to improve China’s OrganTransplant Act of scientific analysis, daring to put forward to perfect the law oforgan transplantation is feasible measures.The first part presents the concept of organ transplantation method, comparingwith other department law analysis of the legal relationship between the basiccharacteristics and the law of organ transplantation in the organ transplantationmethod, elaborated the historical development and current situation of domestic andforeign organ transplant method. On the basis of the first part, the second part of thepaper from a practical point of view, points out the wide application of organtransplantation and many problems it brings to the society to improve the law oforgan transplantation has become necessary, at the same time, many new types ofcrime often emerge, in urgent need of organ transplantation improve planting method.The third part summarizes the defects in legislation in the field of our country existing organ transplantation and shortcomings, such as the concept of oldconservative, has not formed a legal system, complete the donation threshold toohigh, the lack of judgment criteria of death. And through the relevant legislation ofextraterritorial summarized, points out some may adopt the advanced experience.The fourth part is the comparison, analysis and summary based on the previous paper,some feasible advices are put forward to perfect our law of organ transplantation: theestablishment of a national unified legislation mode, establishing the basic principles,organ transplantation method suitable to expand donor scope, establish special legalsystem, increase the legal standard of human judgment death and refinement of legalresponsibility.In short, this article from the concept of organ transplantation method, analyzesthe development and current situation of domestic and foreign organ transplantationmethod, combined with the specific conditions of our country reality, absorb theadvanced international experience, aiming at the shortage of organ transplantation inour country law, actively offer advice, hope the Organ Transplant Act I China will bemore perfect, to do what little one can to help the cause of socialist rule of law.