Institutional examination and system reconstruction of next-of-kin decision-making rights in cadaveric organ donation

Organ transplantation is a vital means of saving patients with end-stage diseases, and organ donation serves as its foundation. China’s cadaveric organ donation system adopts a dual model that recognizes both individual autonomy and next-of-kin decision-making rights. However, in practice, the next-of-kin decision-making rule faces multiple challenges, including a narrow scope of eligible decision-makers, inefficient decision-making processes, the misuse of revocation rights and the absence of disqualification mechanisms. This article explores the legal nature of next-of-kin decision-making rights and reflects on the existing rules. By integrating the principles respect, ‘non-maleficence, beneficence, and justice’ in medical ethics, it proposes three pathways for reform: hierarchical ordering of decision-makers, limitation of revocation rights, and legal codification of disqualification grounds. The aim is to balance individual autonomy, family ethics and public interest, realign the cadaveric organ donation system with its altruistic essence and public-oriented mission, and promote the development of organ donation in China.