Research On Legislation Of Organ Donation By Minors

In 1954,for the first time in history,human organ transplant succeeded in the Brigham Hospital in the United States.This kind of surgeon spread at an astonishing speed,which attracted much attention not only in medicine,but also in law and ethics.Organ transplants have brought together the most cutting-edge technologies in the field of medicine,and have raised ethical concerns and legal questions about the process of organ donation.All of this make us pay attention to the legal attribute of organ transplant,the legal nature of organs,and the protection of the human rights of the donor.At the same time,relevant laws and regulations have failed to be formulated and adjusted accordingly,especially about the organ donation of minors in real life,which urgently needs clearer laws and regulations so as to provide constraints,borders and basis for organ donation.In this paper,several legislative issues concerning organ donation of minors are discussed.This article will base on the present status of organ donation in our country,using the method of comparative analysis of different countries and regions at home and abroad study of organ donation legislative provisions of minors,several basic problems of organ donation of minors,to further explore the protection of minors organ donation in the legislation in China.This article on the premise of protecting the legal rights and interests of minors,specification of minors living organ donation do compared to the present law in our country easier suggestion,the author proposed the threshold age minors living-organ donation and minors decision-making evaluation mechanism;Specification for minors cadaver organ donation,is a reference to foreign laws and regulations,on the basis of combining the social reality in our country,the author proposed a milder express consent mode,allowing minor life make a donation or not before the donation of body organs after death decision,if the juvenile life don't mean to make relevant said before,after the death of their parents can make guardian agree donation decision,if the minor before making a decision in life,after the death of parents of minors shall not be made the opposite decision.