Research On The Criminal Legislation Of Organ Transplantation In China

With the rapid progress of economic development and medical science, organ transplantation has became an effective strategy to save the lives of organ failure patients at end-stages. However, serious shortage of donor organs has became a limiting bottleneck in the development of organ transplantation. In our real life, some people have to participate in illegal criminal activities such as organ trading in black market, illegal use of cadaveric organ and illegal removal of organ in order to attain human transplantation organ. The Nineteenth Meeting of the standing Committee of Eleventh National People's Congress passed the "Criminal Law Amendmentsâ…§" on February 25 2011, confirmed the organ trading crime in the thirty-seventh article of "Criminal Law Amendmentsâ…§" at the same time, and will play a positive role in prohibiting organ transplantation crimes in future. Some missing and loopholes are existed in the thirty-seventh article of "Criminal Law Amendmentsâ…§", and other organ transplantation crimes are not defined in this article. Because of this, we can't combat against organ transplant crimes effectively according to criminal law. This paper will aim to focus on the criminal legislation of organ transplantation, review the development of organ transplantation, the organ allocation system, the problems of organ transplantation, the legislative status of organ transplantation, the necessity and feasibility of legislation, the relationship of related crimes with organ transplantation crimes, and eventually propose the strategy to reduce organ transplantation crimes.This paper belongs to the qualitative study, mainly by the way of document inspection to find the newest researching data and the related law and regulation, also use the way of comparative study and case analysis. The paper includes the following four parts:The first three chapters will mainly generalize the criminal legislation of organ transplantation, Chapter four will focus on the strategy to reduce organ transplantation crimes, first of all, we propose to perfect the donation system and establish the national organ transplantation coordination center, then suggest to standardize the hospital behaviors, later discuss speed up the legislative process of brain death, last but not least, advise to perfect the legislative system of organ transplantation.