Abstract:In Flynn v. Holder, the court held that the hematopoietic stem cells taken from the blood by peripheral blood stem cell apheresis are a subpart of the blood rather than a subpart of the bone marrow, resulting that the compensation ban in National Organ Transplant Act is not applied to peripheral blood stem cell apheresis. Though this decision has some defects, it allowed the compensation for bone marrow donation, which will bring some positive policy significance. China should allow compensation in the area of marrow donation by peripheral blood stem cell apheresis because of social policy’s priority over the law of nature. Therefore, in China, Blood Donation Law , rather than Organ Transplant Regulation, should be applied in the area of donation by peripheral blood stem cell apheresis.