The Research On Organ Transplanting Criminal Legislation

Organ transplantation in the medical history of the birth of a milestone, with the continuous development of organ transplantation and improvement of organ failure in patients who brought the gospel. However, every year 1.5 million patients need transplants should not have to wait for a birth of some of the industry - human organ trading. It is because of the serious imbalance between supply and demand ratio, resulting in organ transplantation have generated crime, and the trend of diversified forms of crime. Illegal organ trade, illegal harvesting of human organs and other human organ transplants in these criminal acts directly against the party's right to health and life, seriously affected the normal medical order.The rapid development of organ transplantation for people to promote public health and welfare to bring the gospel. China is carrying out one of the earlier organ transplantation, organ transplantation is relatively rapid technological progress in the world. In recent years, the development of organ transplantation in China is particularly rapid, the scale is growing. According to the Ministry of Health statistics: only the end of 2008, China had accumulated more than 550,000 cases of organ transplants, of which more than 10,000 cases of liver transplantation, renal transplantation more than 500,000 cases. In volume terms, China's organ transplant after the United States at present, ranking second in the world. However, although aspects of organ transplantation in the medical practice has gone far ahead in the world, but the law of organ transplant research and legislation is almost in a blank state, it led to human organs in the abuse of certain parts of our country , while the number of crimes related to organ transplants in China are also frequent. How to make scientific and rational legal system, especially the criminal legal system, so that all the new technology from organ transplantation in the potential benefits are limited to legitimate purposes and within the limits required by legal proceedings, but not on the objective normal functioning of organ transplantation to bring obstacles to deal with the abuse of human organs and organ transplant the challenges of crime, no doubt has become a contemporary legislators, especially the contemporary criminal legislators face a major practical issue.In view of such a crime has serious social harm, in most countries, the sale of human organs and their associated commercial operations with the appropriate charges and penalties, such as the UK Human Organ Transplant Act provides for criminal sale of human organs, Japan Organ Transplant Act provides for the crime of illegal sale of organs, in order to gain illegal organ transplants for the others to the crime and the crime of engaging in brokering of human organs and other charges. May 2007, China formally promulgated and implemented the "Human Organ Transplant Ordinance," The Ordinance provides that the eight basic principles, including the voluntary, informed consent, technology access, fair, non-commercial, independent decisions, and implementation of the Organ access to medical institutions in the implementation of portable system, but the process of organ transplantation for crimes such as trafficking in human organs, although the prohibition of the Ordinance, the provisions of criminal law but not the corresponding charges, as well as type of crime can not be held criminally responsible. Positive view of this, our legislature should learn from foreign legislative experience, combined with the corresponding sound of the actual criminal legislation as soon as possible in order to effectively combat such crimes, realization of China's criminal law punishing crime and protecting people's purposes.