Ethical Study On The Presumed Consent Of Organ Donation After Citizen’s Death

When organ donation is carried out after the death of a citizen,China implements the express consent mode,that is,the donation can only be established with personal consent.This is also the only source of cadaver organ transplantation at present.Because it is vulnerable to the influence of social culture,personal morality and other ideologies,as well as the imperfect supporting facilities around organ donation,it often leads to the occurrence of donation failure cases,which aggravates the shortage of organs in China.Presumed consent is one of the solutions to the shortage of organs in various countries at present.It aims to presume that citizens who do not refuse to donate for consent.Because of its own characteristics,the current academic research on it is insufficient,which leads to the misinterpretation of the original intention.However,it is undeniable that the countries that implement the presumed consent have made remarkable achievements in the field of organ transplantation.The implementation of the presumed consent not only means increasing the number of organs,but also means a new understanding of death.It is also the manifestation of altruism in ethics,highlighting the noble self-worth and other ethical values of donors.Presumed consent has not yet been implemented in China because there is no reliable system at the social,institutional and personal levels.If the policy of constructive consent is enforced,many special problems will be encountered.For example,under the influence of the family-based idea in China’s traditional culture,the family plays a leading role in medical decision-making,making relatives have the final decision on organ donation.The traditional concept of death makes it difficult for the brain death standard to pass legislation in China.Although the promotion of the heart death standard can play a certain role in promoting organ donation,it will affect the quality of organs and the acquisition of some large organs.In addition,at present,the whole society still lacks a good trust environment,and public distrust of medical institutions will affect the implementation of this policy in China.However,from the perspective of social utility,the implementation of presumed consent can use the "abandoned" remains to save the living.From the perspective of social benefits,the implementation of presumed consent can use the remains to save the living,which is an act of realizing personal self-worth.Moreover,judging from the development of the implementation of presumed consent in various countries,presumed consent has indeed increased the rate of organ donation and also contributed to the development of organ transplantation in China.This needs to explore a presumed consent suitable for China in combination with our traditional culture and actual situation.As the core issue of organ donation,how to improve the rate of organ donation has always been the focus of attention.The most fundamental purpose of putting forward the presumption of consent system is also to increase the number of organ donation,which can also promote the vigorous development of organ transplantation.However,the establishment and implementation of the system of presumed consent has encountered many obstacles.The contribution to the improvement of the donation rate is not as good as that described when the concept was proposed.Most countries have always stayed at the stage of waiting or exploring for it.Many factors outside the system affect the improvement of the organ donation rate,and also restrict the implementation effect of the system itself.But according to utilitarianism,the result of behavior is the standard to measure behavior,and achieving the maximum happiness of the largest number of people is the result we should pursue.Saving resources,avoiding waste,and maximizing the use of resources are also in line with the pursuit of human efficiency.The implementation of presumed consent enables the organs of those who have not had time to express their willingness to donate to be used,thus avoiding organ waste and safeguarding social and public interests.This paper classifies the presumed consent ethically,summarizes the development process of foreign countries,and discusses various ethical challenges,legitimacy and conditions of presumed consent,thus providing theoretical basis for the implementation of presumed consent in China.