Research On The Administrative Supervision Legal Issues Of Organ Transplantation Act

Organ transplantation, known as the "top of the medicine in the 21st century"is a great revolution in human medical technology history.It has been developing rapidly in recent years and has made remarkable achievements. There are about 300,000 patients off all kinds in need of organ transplant operations each year. However, it has also raised a number of ethical and legal issues, such as the legal nature of the organ is unclear, the obvious contradiction between supply and demand, unbalanced distribution of donated organs and illegal trade of organs.Therefore special laws should be legislated and the the supervision of the relevant departments should be strengthened to standardize the development of organ transplantation.Although the organ transplantation in China started much later compared to developed countries,it has been developing rapidly.According to Huang Jiefu,the chairman of Chinese Organ Donation and Transplantation Committee,China is expected to become the world’s super country in terms of organ transplantation in the next 3 or 5 years. However, our hysteretic legislation and weak administrative supervision on organ transplantation severely restricts the development of the cause of organ transplantation.At present, China’s legal documents regarding organ transplants mainly contain administrative regulations, local regulations and departmental rules and regulations. In 2003 Shenzhen issued the "Shenzhen Special Economic Zone organ donation Transplant Ordinance". In March 2006 the Ministry of Health issued the "Human Organ Transplant Clinical Application Management Interim Provisions". In 2007 the State Council promulgated the "Human Organ Transplant Ordinance." But these specifications can’t meet the need to solve the growing number of practical problems.Considering China’s present situation, it is urgent that our country should make a unified law on organ transplant and improve the administrative supervision system.In this paper, empirical analysis and comparative analysis methods have been adopted. The author explores various problems of organ transplantation as well as their causes and puts forward solutions to these problems by making a comprehensive analysis of the data obtained from empirical research and the study of different situations at home and abroad. The author believes that, in the current situation, only with unified organ transplant laws and strict administrative supervision measures can the problems of organ transplant be solved, so that the technology can really benefit the human kind.This paper is divided into four parts:The first part describes the legal regulation of organ transplantation and the general theory;The second part introduces the status quo of domestic and foreign legislative on organ transplantation;The third part describes the ethical and legal issues of organ transplantation in China;The fourth part describes the specific measures to improve the administrative supervision system of organ transplantation.