Dilemmas and solutions for the exercise of donors' right of revocation in organ donation
10.12464/j.issn.1674-7445.2026024
- VernacularTitle:器官捐献领域捐献人撤销权行使面临的困境与纾解
- Author:
Yuhang ZHANG
1
;
Junzhe OUYANG
2
Author Information
1. School of Law, Southeast University, Nanjing 211189, China.
2. null.
- Publication Type:DonationWindow
- Keywords:
Organ donation;
Right of revocation;
Personality right;
Informed consent;
Organ transplantation;
Ethical review;
Legal system;
Protection of right
- From:
Organ Transplantation
2026;17(5):844-851
- CountryChina
- Language:Chinese
-
Abstract:
In the field of organ donation, the right of revocation of donors faces problems at the legal level, including unclear definition of the nature of the right, ambiguous legal liability after exercise, and the lack of specific exercise rules. At the practical level, there are obstacles such as the absence of a response mechanism for the exercise of the right of revocation in medical institutions, insufficient coordination and information transmission, and restriction on the exercise of the right by external pressure. Legally, the right of revocation in organ donation should be defined as a "special discretionary right of revocation" based on personal dignity. A liability allocation mode of "principally exempting donors from liability, supplemented by appropriate exceptions" should be established, and a staged procedural norm system matching the donation process should be formed. In practice, the core points should be eliminating medical institutions' concerns about implementation, establishing an efficient information transmission system, and creating a supportive social environment. Meanwhile, the review function of ethics committees and the privacy protection mechanism for donors who revoke donations should be improved to promote the organic unity of the protection of donors' rights and the development of the organ donation cause.
