Research On Legal Issues Of Human Organ Donation In China

Since the 21 st century,with the continuous development of medical technology,organ transplantation has become an effective means to treat end-stage diseases,and has been widely used.Organ donation has become the main source of organ transplantation in China.The source of organs in my country is relatively scarce,and organ donation has become the main source of organ transplantation.With the change of people’s traditional concept and the gradual maturity of organ transplantation,the number of organ donors is increasing day by day.Every year,millions of patients receive Organ donation and rebirth.According to statistics,as of February 2,2022,the number of registered human organ donors in China has reached 4.43 million,ranking second in the world.Organ donation is currently the main source of organ transplant surgery,and this behavior is greatly appreciated and encouraged,but the fundamental problems caused by organ donation are often ignored.Organ donation has aroused extensive debate in legal circles,and issues such as the legal nature of human organs and the identification of subjects have become the focus of controversy.If the legal nature and subject of human organs cannot be clarified,various disputes arising from organ donation will occur,which will greatly dampen the enthusiasm of donors,which is very unfavorable for the development of organ donation.This article starts with three real cases in my country,and through the analysis of the cases,summarizes the main controversial issues of organ donation in my country: the legal attributes of human organs and the identification of the subject.Since the legal nature of organs is the premise for the study of other issues of organ donation,the author first discusses the legal nature of human organs,combined with the academic understanding of the legal nature of human organs,analyzes the legal positioning of human organs in different states,and gives own opinions and suggestions,and make judgments on the nature of the organs involved in the case.Next,the author discusses the main body of human organ donation,and conducts an in-depth discussion on the main body of organ donation combined with real cases.Due to organ donation related regulations in our country there are many loopholes and the question,so far have not set a special provision of organ transplant and donation national laws,in order to solve the disputes caused by organ donation,the author put foothold in the fourth chapter consummates our country legal system of human body organ donation proposal,hope to provide some references for the legislation of organ donation in the future.