SONG Ruliang 1 , CHENG Lan 2 , CHEN Qunfei 2 , LI Ling 2 , YUAN Qiang 2 , WANG Li 2 , Deng Shaolin 2 , LI Youping 2
  • 1. Guangdong Provincial Party School/Guangdong Institute of Public Administration Faculty of Law, Guangzhou 510053, China2. Chinese Evidence-based Medicine Center, West China Hospital, Sichuan University, Chengdu 610041, China;
LI Youping, Email: srl6812@21cn.com
China; Organ transplantation law and brain death law; Strategies and thinking
10.7507/1672-2531.20090076
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Objective 　We investigated the effectiveness of legislation in developed countries by analyzing
their legislation, and produced ideas and strategies for organ transplantation and brain death legislation in China.
Methods 　Official websites were searched as follows: UNOS, TCE, CLTR, ANZDATA, and SRTR through December
6, 2008. We included statistical reports and data analysis of organ donations and transplants, and excluded literature
about non-solid organs. The absolute transplantation numbers were standardized to per one million people.
Results 　1.The following data was retrieved: The number of eight kinds of organ transplants and organ donations in Britain, the United States, New Zealand, Spain, France, Italy, Germany, and Australia from 2003 to 2005; the number of deceased donors in the United States and Spain from 1988 to 2007; the total number of organ transplants in Australia from 2002 to 2006; the amount of organ transplants in the United States from 1993 to 2006; liver and kidney transplant totals in the United States from 1988 through March, 2008; liver transplants number of China from 1993 through March, 2008; and the number of kidney transplants in some provinces and cities in China. 2. Transplant totals were greatest in the United States; in Spain, after ONT was founded in 1990, the rate of donation from the deceased was the most in the
world. 3. Spain had the best rate of donation with 34.5 pmp, 10.9 pmp higher than in the United States with separate　legislation from 2003 to 2005. There was a rate difference of 0.98 pmp between Germany and the United Kingdom
which implemented separated legislation nine years earlier. 4. Southern Australia had a maximum rate of average kidney
transplant in the country from 2002 to 2006. 5. Live donor kidney transplants accounted for 31.2~44% compared to4.3% and 4.1% for liver transplants in 2006 and 2007 respectively in the United States. 6. The following have been applied
globally to regulate organ transplantation and brain death: 1) International or multilateral treaties; 2) Regulation of
NGOs; 3) Self-discipline in the field of organ transplantation; 4) Expert consensus; 5) Establishment of patient’s alliance.
Conclusion 　Countries that have implemented organ transplantation and brain death laws have developed successful
measures to improve and support insurance and follow-up information for donors and recipients, however, legislation is
still urgently needed in China. As long as brain death and organ transplant laws are reasonably developed and legislators
resolve to deal with the difficult issues, then the legislation and its subsequent enforcement will reflect the interests of the people and improve health quality for all.

Citation： SONG Ruliang,CHENG Lan,CHEN Qunfei,LI Ling,YUAN Qiang,WANG Li,Deng Shaolin,LI Youping. Organ Transplantation and Brain Death Legislation in China: Strategies and Thoughts. Chinese Journal of Evidence-Based Medicine, 2009, 09(4): 400-407. doi: 10.7507/1672-2531.20090076 Copy

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