Study On The Legislative Of Body Donation

For the patients with organ failures, organ transplantation is one of the effective treatment means, renowned as the "Jewel on Medical Crown". Organ donation is closely associated with organ transplantation. As organ transplantation technique becomes increasingly mature, numbers of organ transplantation operations are performed and there is also an explosive increase in organ donations. In 2015, China prescribes that the condemned prisoners shall not be taken as transplantation donors, and citizen’s willingness to donate organs after death becomes the only channel for organ transplantation. The body donation of natural person has aroused wide concern of social sectors. Meanwhile, the ethic and legal issues arising out of body donation are impacting the relations between human and objects within legal field.Based on literature review, this paper analyzes the fundamental legal issues in connection with body donation in details as the foundation of the whole study. The prerequisite of body donation is the occurrence of the death fact. According to the two death judgment standards-cardiac death and brain death, body is defined as special object from the perspective of "property-similar regulation". It is agreed that the deceased and their families may express the willingness to donate body on the premise of not violating human ethics, public order and good morals, or relevant legal provisions. In the discussion on the establishment, validation and cancellation of body donation behaviors, it is argued that persons without full capacity for civil conduct such as the minors have no right to self-determination in respect of body donation, and the condemned prisoner may donate body with the identity of citizenship.As an old saying goes, "by other’s fault, wise men can correct their own." The body donation legislation fully studies and exploits the legislative experience of other countries and regions, which can contribute to the implementation of legislation in China. This paper has investigated the development course and current situation of body donation legislation in the United States, Spain and Taiwan, China, as well as generalized the advanced concepts and achievements there. However, considering the failure to control the current situation and problems of China’s body donation legislation from an overall perspective will lead to the result that all studies develop an insufficient understanding, current situation and problems of China’s body donation legislation are taken as one of the introduction and discussion focuses in this paper.Based on summarizing China’s exploitation of foreign experience, suggestions are proposed on how to improve China’s body donation legislation. That is, it is advised that (1) a unified body donation law should be enacted as soon as possible; (2) the brain death standard should be encouraged in the eligible regions when the cardiac death standard is adopted for body donation; (3) in case of the conflicts arising between relatives about decision right, consent of the majority should be obtained and the priority rules should be followed; and (4) the obligation performance of medical institutions should be legislated to fully assure the personal dignity of donator.