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Human Organ Transplant Study Of Criminal Law

Posted on:2010-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y S MengFull Text:PDF
GTID:2166360278472863Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Human Organ Transplant is a major breakthrough in the field of medicine in the 20th century. It has resolved the question that the drug and other traditional methods of medical treatment can not achieve, opened up broad prospects for the treatment of certain diseases and made the limited health resources more efficiency. It is one of the highest achievements of the modern bio-medical science. Human Organ Transplant crimes are emerging with the rise and the rapid development of Human Organ Transplant technology. It is the general term for various acts with serious social harm, that the relevant units or individuals implement, transplant-related or in the course of the Human Organ Transplant. The significant characteristics of Human Organ Transplant crimes are that the object of the crime is ethics, the criminal means is professionalism and the effects of the crime are dual. The specific performances of the Human Organ Transplant crimes are the illegal trade in human organs, illegal removal of human organs, the cross-border trade, smuggling and other acts of human organs.Human Organ Transplant crimes are against the victim's right of life and health and impact on the length of the victim's health and lives directly. It can be said that such crimes violate the legal interests of others, specifically including the person's right of life, health, personal freedom and so on. In addition, Human Organ Transplant crimes offenders seriously disrupted the normal medical order, and demonstrate the utter contempt to the national medical function regulatory, and thus constitute violations to the national medical supervision order. Based on the social harm and the particularity of such crimes, a lot of countries and regions of the world have developed Human Organ Transplant Acts and the general rule on the Human Organ Transplant-related crimes. They also gradually increase the intensity of criminal legislation, but the legislative models differ in different countries and regions.At present, the commercial behavior in the Human Organ Transplant of our country, the behavior of attracting foreign patients in the "Organ Transplant Tour" and other criminal acts are against life and health of the public, and also affect the normal medical supervision order. Some foreign media and organizations with ulterior motives using the isolated phenomenon occurred in the field of organ transplants in China, speculate our country's Human Organ Transplant job maliciously, and attack our country's judicial system and the human rights situation, which created a bad international influence. There are some problems in our existing criminal law on the aspect of punishing and preventing Human Organ Transplant crimes, indeed. It lacks the specific charges of regulating the criminal acts in the Human Organ Transplant and it can not find out the criminally responsible for such crimes effectively. At the same time, the loss of brain death legislation has led to some urgent needs to solving the criminal responsibility problems in the Human Organ Transplant. In addition, the use of the body organs from executed prisoners is non-standard, which has also become a thorny problem of China's Human Organ Transplant. Therefore, there is a urgent need to improve our criminal legislation related, with the purpose of regulating of the emerging Human Organ Transplant crimes effectively.
Keywords/Search Tags:Human Organ Transplant crime, brain death criteria, organs of the executed prisoners
PDF Full Text Request
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