Research On The Legal Issues Of Organ Transplantation In China

Organ transplantation technology since the introduction of China for just a few decades,the development of rapid development.At present,China's organ transplantation technology has reached a high standard,the number of clinical surgery is also the world's second,only the United States.In contrast to the rapid development of technology,the legal construction of domestic organ transplantation has long been seriously lagging behind.This paper is divided into four chapters.The first chapter briefly summarizes the concept of organ transplantation,reviewing the development process of organ transplantation in China,pointing out that the legislation of Taiwan and Macao port is earlier than the mainland,and each has its own characteristics.Although the mainland legislation time is late,but the human organ transplant regulations on human organs The responsibilities of the agencies in the transplant work are clear and their duties are carried out.The legitimacy of the organs of organ transplantation,organs distribution,organ removal and other stages of the legislation of the legitimacy of the legislation.The second chapter mainly puts forward the problems in organ transplantation.The problem of legislation,that is,the lack of legislation at the level of the lack of specialized laws,"organ"legal definition is too narrow,"brain death" to determine the lack of legal basis;institutional,human organ donation lack of incentives,rights protection system is unreasonable and medical system The existence of unreasonable;law enforcement in the absence of effective management of organ donation,the lack of effective management of donor organs and the lack of effective management of medical institutions.In the third chapter,after years of precipitation and modification,all countries have formed the legal system of organ transplantation.The main contents are the legal investigation of the United States,Spain and Japan,and the similarities and differences between China's laws are analyzed.This paper summarizes the legislative experience of American transplant organ distribution,the legislative experience of advanced donor model in Spain and the experience of"brain death" in Japan,and provides countermeasures and suggestions for perfecting the conception of organ transplantation system in China.In the fourth chapter,based on the understanding of foreign legislation and the problems in organ transplantation,the author puts forward the idea of perfecting the legal system of organ transplantation in China.Mainly from the legislative,judicial,law enforcement three aspects of the start,that is,to build a scientific and reasonable human organ transplant legal system,refine the legal responsibility,restricting the authority of the administrative department.With a view to solving the legal problems involved in organ transplantation in China at this stage.