Research On The Legal Problems Of Human Organ Donation

The continuation of life relies on the coordination of various organs. As the pinnacle of medical technology in the 20 th century, human organ transplant technology has become familiar with the medical vocabulary. Human organs have been treated as common life-saving tools thanks to the wide application of this medical technology. The organ transplantation has been widely used in clinical medicine as a professional medical technology with the rapid development of medical science. The main sources of organ transplants rely on donation. Nowadays, people who donate their organs have got appreciation and support from the society. But every coin has two sides, some fundamental issues were ignored under the panegyric. At the same time, the donation behavior caused widespread discussion in the field of law. Legal scholars’ discussion mostly focuses on the property and legal basis of the donation. Traditional civil law could not fit the need of new trend. It requires us to re-examine the legal aspects of organ donation. Only on various issues to be legal for human organ donation from clear, in order to better alleviate the situation of China’s current shortage of human organs, can we explore the legislative prospects of human organ donation in China.Author lists three real typical cases, to show out the problems need to be discussing in this paper, and do some critical discussion on these problems respectively. The author firstly focused on different human organ taxonomy, and judges the organ property in the first case, and then expounded various theories on theory and put forward the author’s own point of view. In view of the analysis of legal property on human organ is the precondition of researching laws on donation, author mainly do the dissertation on the main part of human organ donation, through a case of crosstransplantation. In the paper, author put forward the proposal on main part of human organ donation, under the lake of law related to the donation and transplantation. At last, author put the focus on the law application in China. Through the elaboration of the principles of presumed consent and China’s legislative status, Combined with case analysis and some suggestions, the author hope that we can help to solve problems on China’s human organ donation.