Institutional examination and system reconstruction of next-of-kin decision-making rights in cadaveric organ donation
10.12464/j.issn.1674-7445.2025234
- VernacularTitle:遗体器官捐献中近亲属决定权的制度审视与体系重构
- Author:
Yifeng ZHANG
1
;
Haiyan YANG
2
Author Information
1. Law School of Macau University of Science and Technology, Macao 999078, China;.
2. .
- Publication Type:TransplantationEthics
- Keywords:
Cadaveric organ donation;
Next-of-kin decision-making right;
Subject order;
Disqualification of decision-making right;
Institutional reconstruction;
Family ethics;
Altruism;
Public interest
- From:
Organ Transplantation
2026;17(1):143-149
- CountryChina
- Language:Chinese
-
Abstract:
Organ transplantation is a vital means of saving patients with end-stage diseases, and organ donation serves as its foundation. China’s cadaveric organ donation system adopts a dual model that recognizes both individual autonomy and next-of-kin decision-making rights. However, in practice, the next-of-kin decision-making rule faces multiple challenges, including a narrow scope of eligible decision-makers, inefficient decision-making processes, the misuse of revocation rights and the absence of disqualification mechanisms. This article explores the legal nature of next-of-kin decision-making rights and reflects on the existing rules. By integrating the principles respect, ‘non-maleficence, beneficence, and justice’ in medical ethics, it proposes three pathways for reform: hierarchical ordering of decision-makers, limitation of revocation rights, and legal codification of disqualification grounds. The aim is to balance individual autonomy, family ethics and public interest, realign the cadaveric organ donation system with its altruistic essence and public-oriented mission, and promote the development of organ donation in China.
