Ethical Governance in China: Challenges and Opportunities

1. Comparative Country Experience: „What about China?“ Dr. Ole Döring, Tarrytown 2 Horst-Görtz-Stiftungsinstitut, Bonhoefferweg 3a,

2. A „Country Report“ ... • ... is meaningful only (sound methodology and theory) in a setting of comparative enquiry (not evaluative / checklist of haves and have not’s) • Comparing normatively against the „great agenda“ (universals) and descriptively against social economic cultural function • Identify starting points for interaction & colaboration • Specify learning areas & desiderata

3. China • Domestic • International • Biotechnology • Regulation

4. China ≠ China! • Huge domestic diversity: economy, ethnicity, development ... Government: „The Sky is High and the Emperor is Far Away!“ • International interrelations • Biotechnology development • Regulatory grounding

5. Field for Regulatory Stakes • „Harmonious Society“: consumer protection, standardisation, quality control, society building • Shift from Social Engineering to contained Social Darwinism • International competitiveness and nationalistism • Biotechnology as key for transformation, wealth & health • Building of a legal regulatory system (& culture of law?) • Learning by doing: the big experiment - what works / what doesn‘t?

6. Organ Donation Law, 2009 The PRC‘s government tries to regulate organ donation and limit organ trafficking by launching a national organ donation system and other measures earlier in 2009. Commercial dealing in organs is illegal under China’s „Regulations for transplantation of human organs“ as of May 2007, which set strict standards in this area. A robust governance system is to be developed, with a substantial international dimension to fulfil these goals, in order to prevent wrongful practice and contain corruption. Chinese officials have emphasised a non-commercializing policy and resolve to curb illegal business, and to implement standards of safety, quality and ethics.

7. Challenges • (a) Meaning and impact of the legislation (implementation & adherence)? • (b) The Overall purpose is, building order and „harmony“. Reports of unethical & illegal organ harvesting undermine legitimacy but indicate change in political culture. • (c) People remain in doubt: can the administrative system be trusted? Is the medical part fair and safe? • (d) Ethical Review Boards shall be established in all institutions, detailed are not specified; Individual Informed Consent is required but family will be consulted; Brain Death is favoured but not accepted, Living Donation is promoted among family. • (e) Internationally, China is not taking action to organise cross-border governance instruments.

8. What could be helpful? • Time • Gentle Pressure • Encouragement • Support and international integration of activists • Good Models • Clear International Standards

9. China‘s ways in ... • (1) ...organising its ethical governance regime and • (2) ...adapting Bioethics patterns in which Western (in particular US and UK) cultural perceptions, values and established practices, with their attached legal and technical standards, have become bioethical code.

10. Agenda • (a) Contextualise the meaning of laws and legislation in terms of actual impact, implementation, adherence within China; • (b) work out differences in the prioritising of ethical stakes and concerns and understand the related policy-mechanism; • (c) take serious the need to generate more adequate insight into the empirical situations in China, including attitudes towards biotechnology and the meaning and value of human life, • (d) reflect upon biases towards certain „widely accepted“ symbolic forms & institutions, which may stand in the way rather than in support of the development of a legitimate and agreeable culture of ethical governance and best practice globally. • (e) Assess China as an international player.