Analysis of the Present Situation and the Crime Legislation of Human Organ Transplant in Europe and America

Abstract

To establish scientific and rational legal system, especially the criminal law system, limiting the all benefits from the organ transplantation in the proper purpose, in response to the abuse of human organs and organ transplantation. This limitation requires legal procedures and does not objectively inhibit normal activities in the areas of organ transplantation. At present, many countries and regions in the world have systematic legislations of the organ transplantation and some countries have established laws of brain death and body donation to promote organ transplantation. It has very important significance to study these laws and legislations about organ transplantation for building of our own legislation system on organ transplants in China, especially the laws associated with brain death and body donation.