As more and more issues have emerged in organ transplantion cases, there is an increasing dispute about the definition of death: whether the criteria of cardiopulmonary death or brain death should be applied. The conflict between rights and obligations in brain death and organ transplantion is becoming ever evident, and there is a need for clarity on the issue of death and organ transplantion. This needs to come through legislation, which would be the most economical and effective intervention to provide this clarity.
The authors believe that the National People’s Congress of China (NPC), the Standing Committee of NPC, the State Council of China and the Supreme People’s Court of China may get involved in the legislation for issues related to brain death and organ transplantion.
As for the selection of decrees related to brain death and organ transplantion, all provinces, autonomous regions and centrally-governed municipalities can not exercise corresponding local legislative power except for special economic zones. After brain death and organ transplant related laws, administrative regulations, local decrees, autonomous decrees and special decrees have been settled, relevant executive legislation may be enacted.
During such a legislative procedure, pilot programs can be adopted so as to enhance the applicability and success rate of the legislation of brain death and organ transplant.
Citation： SONG Ruliang,DENG Shaolin,LI Youping. Direct Legislation Is Required to Solve Brain Death and Organ Transplant Related Issues. Chinese Journal of Evidence-Based Medicine, 2007, 07(11): 816-826. doi: Copy