The road to legal construction of ethical governance of deceased organ donation
10.12464/j.issn.1674-7445.2024231
- VernacularTitle:遗体器官捐献伦理的法治化建设之路
- Author:
Shunliang YANG
1
;
Dong WANG
1
Author Information
1. Department of Urology, the 900th Hospital of the Joint Logistics Support Force of Chinese People's Liberation Army, Fuzhou 350025, China.
- Publication Type:Editorial
- Keywords:
Organ donation;
Organ transplantation;
Ethics;
Law;
Rule of law;
Brain death;
Cardiac death;
Regulation
- From:
Organ Transplantation
2025;16(1):59-66
- CountryChina
- Language:Chinese
-
Abstract:
The rule of law is the fundamental approach to governance in modern states. The ethical issues arising from deceased organ donation activities have attracted high social attention. In order to ensure that deceased organ donation is in line with the interests and moral standards of the public, it is not enough to provide ethical guidance for the development of the organ donation cause through reflection alone. It is necessary to apply the concept of the rule of law, legal rules and procedural norms to the ethical governance of deceased organ donation. The newly revised "Regulations on Human Organ Donation and Transplantation" have established ethical guidelines that organ donation must follow, such as "benefit, do no harm, respect for life, fairness and justice, and compliance with laws and public order", as well as five major principles that must be adhered to in conducting ethical reviews of organ procurement, such as "voluntary and unpaid, informed consent, risk control, fairness and justice, and privacy protection". Faced with the increasing number of deceased organ donation cases and the ethical challenges they pose, it is recommended to establish a "National Human Organ Donation Ethics Committee," clarify the definition and judgment criteria of death from a legal perspective as soon as possible, and create an effective ethical risk monitoring and supervision mechanism. Continuously promote the progress of the organ donation within the legal framework, and effectively safeguard the public interest and basic rights.
