Study On The Legal Countermeasures Of Chinese Corpse Organ Donation

With the development of life science and technology, organ transplant operation develop rapidly in medical clinical field, but a problem also comes out, which is the number of the organ for transplanting is not enough for the need of clinic, it causes a big gap between them. The best way of gaining the organs is from the donation organs of people after their dead, which is called gaining donation of corpse organs academically. But, the rate of the donation of our nation’s corpse organ is pretty low, which cannot satisfy the clinical needs. The donation of corpse organ is a fierce battle field among social ethics, morality, law and traditional culture. This paper will do some study in legal point to hope that it can provide some countermeasures for organ donation.I firstly study the basic concept and scope of corpse organ by using contrastive way, and determine to use the general scope. Then by using historical way, I will analysis the current situation of the donation of corpse organ and know that the rate of donation of corpse organ is far away below some nations, and the legal system of the donation of our nation’s corpse organ is not perfect. On the basic of the research of documents, I review the legal achievement of some representative nations. With the study above, I will propose some helpful legal countermeasures for the donation of corpse organ by combining local culture.I propose three legal countermeasures for helping the donation of corpse organ. The first one is to perfect the legal strategy of the donation of corpse organ in the future of our country,give the concept of public welfare legislation of the donation of corpse organ,adopt the legal separate mode, build and perfect organization system of the donation of corpse organ and transplant.The second one is to build legal system of the donation of corpse organ,I want to give a suggestion that we can adopt the family permitting system,reasonable standard system of brain death,and the system of hospital notice.The third one is to build the supporting legal system for our nation’s the donation of corpse organ,which are mainly material compensation system,non-material excitation system and public education system.