Regulations on organ transplantation in China

The Regulations on Human Organ Transplantation is a law formulated in China to standardize human organ transplantation, ensure medical quality, safeguard human health and safeguard citizens' legitimate rights and interests.

This Regulation was adopted at the 17 1 executive meeting in the State Council in March 2007, and was promulgated by Order of the State Council of the People's Republic of China (No.49 1) on March 3, 2007, and shall come into force on May1.

This regulation fully embodies the principle of "respecting the wishes of human organ donors". The regulations clearly stipulate that citizens have the right to donate or not to donate their human organs; No organization or individual may force, deceive or induce others to donate human organs. According to regulations, citizens who donate human organs should have full capacity for civil conduct. Citizens who donate human organs should have a written willingness to donate and have the right to revoke their express willingness to donate human organs.

Human organ transplantation is a great progress in 2 1 century and a "peak invention" in the medical field. Its appearance has made many sick people regain the hope of life. However, with the continuous progress and popularization of organ transplantation technology, there are also many problems that cannot be underestimated. For example, due to the lack of organ donation legislation in the early days, the rights of organ donors, recipients and medical institutions were not well protected, and some people were "unable to donate" because of the shortage of organ donors. The most serious problems are organ trade and rampant organ black market. There have even been many vicious crimes of wounding or killing people in order to extract human organs.

The Regulations on Human Organ Transplantation enacted and implemented in China embodies the advanced nature of the legislation on organ donation and transplantation in China, mainly making relevant legal provisions on the process of organ donation and transplantation, solving many common problems in the process of organ donation and transplantation in China, and playing an important and positive role in standardizing the procedure of organ donation and transplantation.

Legal basis:

Regulations on human organ transplantation

first

These Regulations are formulated in order to standardize human organ transplantation, ensure medical quality, safeguard human health and safeguard the legitimate rights and interests of citizens.

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These Regulations shall apply to human organ transplantation in People's Republic of China (PRC); These regulations are not applicable to the transplantation of human cells and human tissues such as cornea and bone marrow.

The term "human organ transplantation" as mentioned in these Regulations refers to the process of obtaining all or part of organs with specific functions, such as heart, lung, liver, kidney and pancreas, from human organ donors and implanting them into recipients to replace damaged organs.

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No organization or individual may buy or sell human organs in any form, or engage in activities related to buying or selling human organs.

Article 4

The health authorities in the State Council are responsible for the supervision and management of human organ transplantation throughout the country. The competent health authorities of the local people's governments at or above the county level shall be responsible for the supervision and administration of human organ transplantation within their respective administrative areas.

Red Cross Societies at all levels shall participate in the publicity of human organ donation according to law.

Article 5

Any organization or individual has the right to report acts in violation of the provisions of these regulations to the competent department of health and other relevant departments; The competent department of health and other relevant departments have the right to report to the relevant departments of the people's government at the same level and the people's government at a higher level the acts of failing to perform the duties of supervision and management according to law. The people's government, the competent health department and other relevant departments that have received the report shall promptly verify and handle it, and inform the informant of the handling result.

Article 6

By establishing a human organ transplant system, the state promotes the publicity and popularization of human organ donation, determines the appointment list of human organ transplant, and organizes and coordinates the use of human organs.

Article 11

Medical institutions engaged in human organ transplantation shall, in accordance with the regulations on the administration of medical institutions, apply to the health authorities of the local people's governments of provinces, autonomous regions and municipalities directly under the Central Government for registration of human organ transplantation.

Medical institutions engaged in human organ transplantation shall meet the following conditions:

(1) Having medical practitioners and other medical personnel suitable for human organ transplantation;

(2) Having the necessary equipment and facilities for human organ transplantation;

(3) There is a Committee on Clinical Application and Ethics of Human Organ Transplantation Technology composed of experts in medicine, law and ethics, and the number of medical experts engaged in human organ transplantation in the Committee does not exceed1/4 of the members;

(4) Having a sound management system for monitoring the quality of human organ transplantation.

Article 18

After receiving the application for examination of human organ transplantation, the Clinical Application and Ethics Committee shall examine the following matters and issue a written opinion on approval or disapproval:

(a) whether the donor's willingness to donate is true;

(2) Whether there is any act of buying or selling human organs in disguise;

(3) Whether the matching of human organs and the indications of recipients conform to the ethical principles and technical management norms of human organ transplantation.

With the consent of more than 2/3 members, the Committee on Clinical Application and Ethics of Human Organ Transplantation Technology may issue a written opinion agreeing to remove human organs.

Article 25

In violation of the provisions of this Ordinance, any of the following circumstances, which constitutes a crime, shall be investigated for criminal responsibility according to law:

(a) without the consent of citizens, harvesting their living organs;

(2) A citizen said before his death that he did not agree to donate his human organs and took away his corpse organs;

(3) harvesting the living organs of citizens under 0/8 years old.