The Protection Of The Rights Of Corpse Organ Donors

Human organ transplantation,as a pioneering and advanced medical technology,brings hope for the continuation of life for many patients.At the same time,it also produces many moral,ethical and legal problems.In the field of organ transplantation,cadaveric organ donation is the main organ source of organ transplantation.However,at present,there are many legal gaps in the legal regulation of organ transplantation in China.The protection of the rights and interests of cadaveric organ donors is only broadly stipulated in Chapter II of the Regulations on Human Organ Transplantation,which leads to the ineffective protection of these rights and interests.This problem makes the current rate of organ donation low.Thus it is urgent to complete the legal rules of organ donation.China should improve the protection system of the rights of organ donors,and prevent the malicious use of organ transplantation technology to infringe the rights of donors.We also should advocate citizens to donate organs or dead relatives' organs,so as to improve the rate of organ donation and save more lives.This article discusses the protection system of the cadaveric organ donors in four parts:The first part is about the right of self-determination of the cadaveric organ donors.This part introduces the concept of the right of self-determination,the content of the right and the relevant provisions of various countries.In the field of organ donation,the right of self-determination is divided into the right of consent,the right of refusal and the right of revocation.Different countries have different restrictions on the right of consent and the right of refusal,which are divided into express consent and presumptive consent.Most countries have stipulated the right of revocation of organ donation.The second part is about the right to life of the organ donors.This part introduces the right to life of organ donors and the definition of death.The definition of death has great significance for preventing physicians from violating donors' right to life and improving the quality and quantity of donated organs.Many countries have introduced the definition of brain death into legislation,and established a single death criterion or adopted a parallel way between the cardiopulmonary death criteria and brain death criteria.The third part is about the right to privacy of the organ donors.This part introduces the scope of privacy of organ donors and the content of privacy protection.Before the death of the donor,the right to privacy should be protected by law.After his death,the interest of privacy also has the value of protection.The fourth part is about the perfection of the legal system for cadaveric organ donors in China.This part introduces the development process and problems of China's system,and puts forward legislative suggestions to improve the legal system in China.In order to protect the rights and interests of organ donors and improve the rate of cadaveric organ donation,we should improve the criteria for judging death,the legal system and the incentive system for organ donation.