Study On The Legal System Of Human Organ Donation

The contradiction between supply and demand of human organs is the main obstacle to the development of human organ donation in China.The incentive system of organ donation should be established in the form of law in the whole country to promote the increase of citizen organ donation rate.From the point of view of law and medicine,the author thinks that cornea should be included in the scope of application of organ donation law,and puts forward the objection and reasons to enlarge the scope of donors for living organ transplantation The advantages and the significance of legalizing cross-transplantation without the long waiting time for organ donation sequencing and without the sale of human organs are demonstrated,the rules of consent to organ donation are divided into four categories: strong presumptive consent,weak presumptive consent,strong express consent and weak express consent.The author argues that the system of presumptive consent does not infringe the parties' right of choice and right to know,and points out the reasons why China should still adopt the rule of weak express consent in organ donation This paper puts forward the three-step proposal of advancing the legislation of brain death from "brain death selection model" to "brain death rejection model" to "brain death monoculture model",and demonstrates the rationality of material incentive measures,this paper puts forward some incentive measures for organ donation which are suitable for our country,and puts forward the viewpoint that traditional culture is not the factor hindering the development of organ donation by SWOT analysis,let alone copying the foreign organ donation legal system.We should combine the excellent traditional culture of our country with the positive elements of the legal system of organ donation in other countries Finally,to provide legal guarantee for the implementation of the organ donation process mechanism and measures stipulated in the regulations on the acquisition and distribution of human organs in China,the Organ Donation Law of the People's Republic of China should be formulated.Figure2;Table3;Reference 42.