2022 regulations on the donation of human remains

(Adopted at the Twenty-fourth Meeting of the Standing Committee of the Eleventh Shanghai Municipal People's Congress on December 15, 2000 Amended in accordance with the Decision of the Twenty-first Meeting of the Standing Committee of the Thirteenth Shanghai Municipal People's Congress on Amending Some of the Local Laws and Regulations of the Municipality on September 17, 2010 Amended in accordance with the Decision of the Twenty-eighth Meeting of the Standing Committee of the Fifteenth Shanghai Municipal People's Congress on Amending Some of the Local Laws and Regulations on December 30, 2020) (Second amended by the Decision on Amending Some of the Local Regulations of Shanghai at the Twenty-eighth Meeting of the Standing Committee of the Fifteenth Shanghai Municipal People's Congress on December 30, 2020)

Article 1 These Regulations are formulated in accordance with the actual situation of the city in order to regulate the work of donation of human remains, to develop the cause of medical science and to promote the construction of socialist spiritual civilization.

Article II of the regulations referred to in the body donation, refers to the natural person before life in writing or make a will voluntarily expressed in the form of death, by the executor of all or part of the body will be donated to the cause of medical science behavior, as well as did not express the will to donate the natural person after death, by their spouses, adult children, parents, in writing **** with the decision to all or part of the body donated to the cause of medical science behavior. To the behavior of medical science.

Article 3 These Regulations shall apply to the administrative area of the city of human remains donation and its management activities.

Article 4 The donation of human remains should follow the principle of voluntary, free of charge.

The donated remains shall be used for medical science.

Article 5 The donor's will to donate the remains and the human dignity of the remains are protected by law.

Article 6 The municipal health administrative department is the administrative department responsible for the donation of human remains in the city.

The Municipal Red Cross undertakes the daily work of human remains donation.

Public security, civil affairs, finance, education, housing, transportation, economic information technology and other administrative departments shall, within their respective areas of responsibility, to assist in the work of human remains donation.

Article VII radio, television, newspapers and other news organizations should cooperate to carry out public welfare publicity of the work of human remains donation.

Article 8 The city to encourage the behavior of human remains donation, to establish respect for the donor's social customs.

In the work of posthumous donation of units and individuals with outstanding achievements, the city or district people's government shall give recognition.

Article IX units engaged in the acceptance of human remains donation (hereinafter referred to as the acceptance of units), should have the following conditions:

(a) medical research, teaching and business capacity of medical colleges and universities, medical research units and medical institutions;

(b) specializing in the acceptance of human remains institutions and personnel;

(c) with the acceptance of human remains to carry out the work of the appropriate equipment, premises.

(c) with the work of accepting human remains and equipment appropriate to carry out the work, the site.

Article 10 to carry out the acceptance of human remains donation work units, commissioned by the Red Cross, can only carry out the acceptance of human remains donation work.

Article 11 District Red Cross and acceptance of the unit is the city's body donation registration organization (hereinafter collectively referred to as the registration agency).

The municipal Red Cross shall publicize the name, address, telephone number and working hours of the registration agencies.

Article 12 for the registration of human remains donation, can take the following ways:

(a) to the registration agency registration;

(b) entrusted to another person on behalf of the registration;

(c) asked the registration agency door-to-door registration;

(d) other ways to facilitate the registration.

Natural persons who did not register for the donation of human remains in life after the death of their spouses, adult children, parents in writing **** with the decision to donate their remains, the above people should be held in the written decision, his identity card, proof of relationship, and identity cards of the deceased for the registration of human remains; but the deceased expressly disagreed to donate the remains of the deceased, except. Spouse of the deceased, adult children and parents do not agree with each other, the registration agency shall not handle the registration procedures for the donation of human remains.

Article 13 The registration form for the donation of human remains shall contain the following main matters:

(a) donation of all or part of the remains and their use;

(b) the name of the person who performs the donation of human remains, contact information and agreed to perform the views;

(c) the acceptance of the unit of the donation of human remains;

(d) cremation of human remains after the use of the cremation and disposal.

The donor may indicate the request for confidentiality of the donation of human remains on the registration form for the donation of human remains.

The registration agency shall inform the donor and the executor of the procedures and matters related to the donation of human remains, guide the completion of the form, and issue a donation card and commemorative card.

The registration form for cadaveric donation, donation card and commemorative card, printed by the Municipal Red Cross.

Article 14 After the registration of human remains donation, the donor can change the content of the registration or revocation of registration.

The registration organization shall, in accordance with the donor's request, timely change or revocation procedures.

Article 15 of the implementation of the body donation, can be the donor's close relatives or in the work, life has a close relationship with other natural persons, but also can be the donor's former unit, the residence (village) of the people's committees, nursing homes or other relevant units.

Article 16 After the death of the donor, the executor shall promptly notify the corresponding acceptance of the unit for the relevant procedures. Registry of the public security departments with the executive to submit the relevant documents, issued by the funeral license.

The executor for some reason can not be carried out, the donor's former unit or residence of the neighborhood (village) People's Committee can promptly notify the appropriate receiving unit.

Due to sudden factors leading to death, the relevant units and personnel in the handling of the death of the person found to be the donor, should promptly notify the appropriate recipient unit.

The relevant units and personnel should respect the wishes of the donor to support the implementation of the obligations of the executor.

Article 17 The acceptance of the unit to receive the notification of acceptance of the remains, should be based on the donor's donor card and funeral license to accept the remains in a timely manner.

Article 18 In the acceptance and transportation of donated remains, property management, transportation and other relevant departments should provide convenience.

Holding the public security department issued a special sign for the transportation of donated remains of transportation priority.

Article 19 The acceptance of the unit to accept the remains, should promptly notify the original registration agency in writing, and according to the donor's next of kin's request, for the donor to hold a farewell ceremony.

Article 20 The acceptance of the unit to use the donated remains, should be strictly in accordance with the wishes of the donor, to comply with the relevant provisions of the State and the city, free of charge for medical teaching, medical research, clinical anatomy and cornea transplantation.

The use of the finished remains, by the receiving unit is responsible for sending the funeral unit cremation.

Article 21 The receiving unit shall establish a special file, a complete record of the use of human remains.

The donor's next of kin or other executors have the right to inquire about the utilization of the remains, the unit to accept the inquiry shall reply.

Article 22 engaged in the registration of human remains donation, acceptance of the work of the personnel shall receive relevant legal and professional knowledge training, and obtain the appropriate certificate.

Engaged in the registration of human remains donation, acceptance of the work of personnel shall comply with operating procedures and professional ethics, respect for the human dignity of the donor, the implementation of standardized, civilized service.

Article 23 engaged in the registration of human remains donation, acceptance of the work of personnel in violation of the provisions of these Regulations, by their units or higher authorities to give criticism and education; the circumstances are serious, be given sanctions.

Article 24 violation of the provisions of these Regulations, in accordance with the following provisions shall be dealt with:

(a) violation of the provisions of Article 10 of these Regulations, without the entrustment of the Municipal Red Cross, in the name of the Red Cross acceptance of human remains donations, by the Municipal Red Cross ordered to make corrections; unauthorized use of Red Cross emblems, can be brought to the people's government of the district where the user of the law is located in accordance with the law to impose penalties;

(b) violation of the provisions of these Regulations Article 14, paragraph 2, Article 17, Article 19 of the provisions of the Municipal Red Cross shall order immediate correction and notification of criticism; on the seriousness of the situation, can terminate the commission, ordered to stop using the Red Cross emblem.

Article 25 Violation of the provisions of the first paragraph of Article 20 of these Regulations, by the municipal health administrative department to confiscate the illegal income, and impose a fine of three to five times the illegal income.

Article 26 The acceptance and use of donated remains, in violation of the provisions of the law, constituting a crime, shall be investigated for criminal responsibility.

Article 27 The parties to the municipal health administrative department of the specific administrative action, in accordance with the "Chinese People's Republic of China *** and the State Administrative Reconsideration Law" or "Chinese People's Republic of China *** and the State Administrative Litigation Law," the provisions of the application for administrative reconsideration or bring an administrative lawsuit.

The parties to the specific administrative act does not apply for reconsideration, do not bring a lawsuit, and does not perform, the specific administrative act of the municipal health administrative department can apply for the people's court to enforce.

Article 28 These Regulations shall March 1, 2001 shall come into force.