Research On Legal Issues Of China’s Human Organ Donation

Human organ transplantation is a continuing focus of attention in academic fieldssuch as law, medicine and ethics. Human organ donation is the most importantproblem in this issue. At present, China has become the world’s second largest humanorgan transplanting country after the USA. However, for a long time, our citizens’organ donation will is low, as well as the organ donation rates. Compared with theextraterritorial advanced experience in human organ donation legislation, there arestill a number of areas need to be improved in our country both in theory and practice.The organ donation should respect and guarantee the life and health of the donor,and follow the precondition of informed consent and self-determination, and standagainst the commercialization of human organs. The adjustment object of the humanorgan donation legislation includes human organs, tissues and cells. Living organdonation should be carried out on the basis of clear declaration of will; deceasedorgan donation should also respect the deceased will, and if the will is not clear, weshould make the presume declaration according to the law. The responsible person isobliged to inform potential donors to make a clear declaration what is called themodel of informed-Opt in law. Without prejudice to the recipient’s expectationinterest, the donors are allowed to revoke the donation will freely. Living organdonations are strictly limited to personnel within the scope of close relatives. In orderto meet the clinical needs, cross-over-donation and the donation of minors should bemade clear. Our country should establish a donation compensation system from threeaspects: the material, the spirit and the right. The donors and their families should begiven a reasonable, timely and appropriate compensation.