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Misconceptions Delay China's Brain Death Legislation
Professor Chen Zhonghua, doctor from Wuhan Tongji Hospital, Hubei Province, said that China’s legislation process to identify brain death is delayed by five misconceptions that exist in society.

On April 10 this year, China’s first case of brain death was announced by Wuhan Tongji Hospital, resulting in an immediate response from society leading to much debate. It is a sign that China is beginning to accept “brain death” as a form of death and gives it the push forward for legislative change at the same time.

Doctor Chen is the professor specially appointed by the Education Ministry’s Yangtze River Scholar Project, and also director of the Organ Transplant Institute Of Wuhan Tongji Hospital. Meanwhile, Chen is working as leader of the “brain death” collaboration group of Wuhan Tongji Hospital -- China’s only research organization specializing in brain death.

Chen gave details of five misconceptions about brain death that exist in society:

First, someone said to be brain dead when they are not in order to ease the suffering of the family, may ease the family members’ pain of waiting and hopelessness.

Second, someone misunderstanding brain death as that of a vegetable. The judgment criteria may in fact be diverse.

Third, someone has confused brain death with euthanasia. There are diverse reasons that determine the right of life. Brain death’s determination for the right of life is extended to his family dependents spontaneously, but euthanasia is a death determined by oneself.

Fourth, someone misunderstands that the call for brain death is a need for organ transplantation. Organ transplanting must be agreed by a patient in advance, while brain death also needs agreement before transplantation. Brain death won’t ease the tense condition of organ transplanting.

Five, judicial fields have no profound knowledge of the social effects following the legislation of brain death. They are worried about civil action caused by brain death. While medical fields have not yet learned adequately about brain death and have not achieved abundant knowledge on the subject.

Professor Chen Zhonghua indicated that China’s legislation of brain death is a complicated issue involving technology, human rights and ethics. “It would be gratifying if the legislation of brain death came to being in China -- a country with one fourth of the world population,” Chen said.

(China.org.cn by Wang Zhiyong, May 28, 2003)


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