Research On The China’s Legislation Of Human Living Organ Transplantation

Human living organ transplantation is a double-edged sword. On one hand, it has brought many benefits for saving lives in jeopardy since it took place in20th centry. On the other hand, it also has caused various legal problems during its widespread use in clinical medicine afterwards, eg. Human living organ shortage, whether to ease the limitation on living organ transplantation donor, whether to legalize unrelated cross-transplants, how to regulate donors’random usage of their cancellation right and how to relieve the recipients if their transplantations are cancelled, whether to explicitly stipulate the donors’reasonable compensation right, how to clarify three parties’responsibility during transplants. These problems keep challenging legal practice in China; therefore a law is in urgent need. Based on above outstanding problems, the author puts forward the idea of human living organ transplantation legislation after systemic study oriented with organ transplantation law making, focusing on various problems of human living organ transplantation.This paper is divided into three sections:Section1concentrates on two parts, which are to protect human rights by standardizing human living organ transplantation and to establish and improve transplantation law serving organ transplantation needs, to clarify the necessity of establishing human living organ transplantation law based on China’s current social situation.Section2analyzes the feasibility of China’s human living organ transplantation law. On one hand, it introduces foreign regulations related to human living organ transplantation and puts forward the feasible suggestions on China’s related law making. On the other hand, it proves that there is suitable social environment in China to establish human living organ transplantation law considering China’s current administrative legislation, departmental rules, local regulations and recent practical exploration related to human living organ transplantation.Section3puts forward concrete design on China’s human living organ transplantation law, which is also the key part of this paper. Firstly, this section starts with a legislative model design. The reason why this model is chosen is because it conforms to national condition with Chinese characteristics. Secondly, it sets out human living organ transplantation principles. In the end, it makes rational analysis and concrete solution design on various problems during the process from donors’donation, organ harvesting, organ allocation to the final implantation involving subjects, objects, rights, obligations, conditions, responsibilities, relief, compensation, and humanitarian assistance, etc.