TITLE:
On the Legal Dilemma and the Way Out of Revocation of Consent by Living Organ Transplant Donors
AUTHORS:
Jie Xi, Lei Feng
KEYWORDS:
Living Organ Transplant, Donors, Withdrawal of Consent, Legal Dilemmas
JOURNAL NAME:
Open Access Library Journal,
Vol.12 No.3,
March
24,
2025
ABSTRACT: This paper’s purpose is to discuss the legal dilemma arising from the revocation of consent by donors in living organ transplantation, analyze its jurisprudential basis and practical impact, and propose a solution to balance the rights and interests of donors and recipients, so as to promote the healthy development of the organ transplantation cause. Through the analysis of typical cases, it reveals the real harm of revocation of consent; combined with the legislative status of China’s Human Organ Transplantation Regulations, it points out the deficiencies of the current law in the definition of conditions, procedures and consequences of the exercise of the right of revocation; from the perspective of jurisprudence, it demonstrates the legitimacy of the revocation of consent, and emphasizes that it is in line with the principle of voluntariness, personal autonomy, and social adaptability of the law; through the comparative study, it compiles the legal difficulties in the protection of donor autonomy, information and notification mechanism, and psychological and social impacts in the US and Germany. Through comparative legal research, the practical experience of the United States and Germany in protecting the autonomy of donors, the information mechanism and the psychological counseling system is examined; specific conditions limiting the exercise of the right of revocation are proposed, including time, form and force majeure factors, and a framework of legislative proposals is constructed based on them.