Research On The Right Of Informed Consent For Organ Donation In My Countr

Informed consent is a prerequisite for the legalization of organ donation.In order to protect donors’ right of informed consent when donating organs,my country’s“Regulations on Human Organ Transplantation” promulgated in 2007 and the“Civil Code of the People’s Republic of China” passed in 2020 both stipulate the principle of voluntary and free organ donation.However,in practice,most people have doubts about the gratuitousness and legality of organ donation.It is more often encountered that the deceased has registered the organs of the deceased according to the legal requirements and clearly expressed his willingness to donate the organs after death,but the close relatives refuse to donate after the death of the person,which eventually leads to the failure of the donation;or the deceased did not donate during his lifetime.The intention was that after death,close relatives made their own decisions and donated organs from the deceased’s remains.The essence of these problems is that there is a legal loophole in the right to informed consent for organ donation.Therefore,it is of great significance to study and solve the related issues of informed consent for organ donation.The introduction gives a general explanation of the research background of the informed consent for organ donation,outlines the theoretical and practical significance of the research,and summarizes the consensus formed by the existing literature and the issues that remain to be explored.This part also introduces the article’s research ideas,research content,research goals and main research methods.The main body of the article is divided into four parts.The first part outlines related concepts.Through the definition of the right of informed consent outside the territory and the relevant concepts of the right of informed consent in my country,the legal definition of the right of informed consent for the donation of human remains is derived,and the legal basis of the right of informed consent is analyzed.The second part summarizes the legislative status and main problems of the informed consent for organ donation in my country.From the four angles of legal level,administrative regulations,local regulations and departmental rules,this paper introduces the current legislative status of informed consent for organ donation in my country and summarizes the main existing problems.First,the legislation does not directly stipulate the principle of informed consent for organ donation.Second,formalize the informed consent into signing an informed consent form.Finally,there are flaws in the establishment of the subject of the right of informed consent,including the conflict between the donor and the decision-making power of relatives,and the conflict of decision-making power between relatives and relatives.These problems are an important reason for the low success rate of organ donation in practice.The third part analyzes and introduces the informed consent system for organ donation outside the territory.By introducing the two major types of systems that realize the right of informed consent,the "Express Consent System" and "Constructive Consent System" outside the territory,it also gives examples and analyses of the "Express Consent System" in the United States,the "Constructive Consent System" in Spain,and the "Constructive Consent System" in France,to provide a reference for the subsequent improvement of my country’s right to informed consent for organ donation.The fourth part is the suggestion to improve the right of informed consent for organ donation in my country.Through the analysis of the previous problems and causes,this part proposes targeted solutions.First of all,the right of informed consent for organ donation was formally incorporated into the law by clarifying the informed consent system,the standards and scope of informed consent.Second,the subject who exercises the right of informed consent should be clearly defined.Finally,publicity and the establishment of appropriate compensation mechanisms should be used to promote citizens’ exercise of informed consent to organ donation.