Abstract:

Regulations on organ transplantation in China give the organ donor the rescission right to cancel his organ donation intention, but according to civil law theories, this “rescission right” should be named “withdrawal right”. The withdrawal of organ donation is not to make the organ donation void, but to stop the pursuit of organ donation. The exercise of the right can only be implemented in written or oral form before the death of the donor or the transplantation of the organs. Giving the organ donor the withdrawal right is to respect his right of self-determination and embody the value of civil law.In living organ donation, after organ donor exercises the withdrawal right, the donor should compensate for the losses if malicious withdrawal results in death or serious body damage to the recipient.

Key words: organ donation, living organ donation, cadaver organ donation, rescission right of the organ donation, withdrawal right of the organ donation