Japanese organ transplant act itself has a defect because it was not fully examined in the process of legislating. Treating a brain-dead person's body as "a dead body or corpse", it legitimized to extract an organ from a body, which it recognized legal death based on double standards. Under these standards, people feel something wrong with it against Japanese view of life and death and legal culture. There are few organ transplants after the enforcement. Therefore, a sense of discredit cannot totally be wiped out against medical cares. They are processing to revise the act three years after the enforcement. However, revision work cannot be processed easily because there lay difficult problems in opinion to try revising the act. Here, we would like to discuss their opinions for revision and fundamental problem points. Especially, from the viewpoint of the act, we criticize opinions to revise the act to make organ transplant from 15 year-old infants or under feasible. The only way that medical cares take some kind of action toward patients’ physical bodies is based on legally justification only to save their lives by medical cares. To legally justify extraction of an organ just for determination of brain death and organ transplant, well-grounded logic is required beyond this. Moreover, filly discussion is required to justify organ. transplants from infants who cannot express their will fully enough.
