The Legal Research On Human Organ Donation In Our Country

The existence of eligible human organs is an prerequisite for the Human OrganTransplant Surgery，the only legal way to obtain human organs is human organdonation all of the world. Human organ donation embodies the noble spirit ofhelpfulness and selfless devotion, it helps the possibilities for patients to regain healthor life, and has important significance for medical research. The content of humanorgan donation behavior is the meaning expression for donating organ, it can producechanges in personal and property relationship, should be adjusted by law.Based on Human Organ Transplant Ordinance of the People’s Republic of Chinain2007, the human organ donation work of our country mainly by the Red Cross torun it, this is our original model. Human organ donation behavior is special giftcontract behavior between the eligibility of the citizens and the Red Cross；Organrecipients in the human organ transplant are the beneficiaries of this special giftcontract. Human organ donation consists mainly of living organ donation and remainsof organ donation. The legal life and death of citizen is about whether it has thecapability of rights, the cognizance of the death is closely related to the use of humanorgans，the standards of Brain death and heart death have their virtues and theirfaults；the scope of the human organ donors restricted by capacity for civil conduct, ifminors can be as the human organ donors, those are disputed issues whether the fullcapacity for civil conduct can be as a living organ donors in theorists, and differentcountries have different laws and regulations; human organ donation need real andeffective desire of the human organ donation, the legal status of human organs isclosely related to identify that whether it is valid to human organ donation, if thecitizens had not refused to donate body organs, the relatives agree and the presumedconsent, how to choose the two legislative model; as a complicated and new task,human organ donation consist what rights and obligations between different subjectsin the legal relationship, including for taking responsibility; the only way of source of organs and the huge market demand, that provide the business opportunity forunderground black market in human organs, selling the human organs public in theweb, the lack of relevant laws make the human body organ donation’s work difficultto carry out orderly.Human organ donation is the key problem of improving citizens’ awareness ofhuman organ donation in our country, to establish a fair and reasonable concept onhuman organ donation, form a perfect human organ donation legal system. To perfectour legal regulating human organ donation, which is beneficial to cracking down theactions about buying and selling human organs, maintaining the legitimate rights andinterests of the subjects in the legal relationship on human organ donation;fundamentally improving the rates of human organ donation, promoting the smoothdevelopment of the human organ donation in our country, with the development levelof the world’s leading countries. This article will through the methods of comparativeanalysis, empirical research on human organ donation and discuss the legal issues, inorder to the constituent elements of legal relation of human organ donation, todetermine the subject of legal relation, clearly the rights and obligations andresponsibilities between different subjects. The specific laws and regulations contentincludes the following aspects: The first, to amend the death decision criteria fordeath. In the Second, perfect the human organ donation registration, distribution,supervision and management system, implement the national networking andinformation docking. Thirdly, clear the specific duties of human organ donation andcoordination agency in Red Cross, medical institutions, etc. Expand the scope of thehuman organ donors, take advantage of the human organs from minors and executedprisoners. Fourthly, to enlarge the regulation range of the human organ transplantordinance, such as the cornea and bone marrow. Fifthly, clear the human organdonor’s rights of self-decision, safeguard the legitimate rights and interests of thehuman body organ donors, improve the enthusiasm of citizens to donate organs. TheSixth, clear the expense situation in the process of human organ donation, Countriesshall have the rescue obligation to help the human organ donors. The Seventh, perfecting the responsibility mechanism, punishing illegal behavior in the process ofhuman organ donation. The Eighth, the law can’t regulate the people’s mind, in orderto encourage more people participate in the human organ donation, we shouldIncrease the publicity on the policy and law.