Regulation Of Criminal Law Of Harmful Conduct Of Organ Transplant

Harmful conduct of organ transplant refers to the conduct with social harmfulness caused by application of organ transplantation and being carried out with using technology of organ transplantation, the formation consists of dealing body's organ, extracting body's organ unlawfully and taking medical conduct of organ transplant without qualification. The criminalization of harmful conduct of organ transplant is necessary and practicable, therefore we should make it criminal. The conduct in some country's criminal law is ruled to be guilty, but there is no special prescription in ours, partially could be convicted and punished according to available accusation, the other parts couldn't constitute crime. In order to strike and suppress the conduct of dealing body's organ, crime of dealing body's organ should be increased in our criminal law. Without admission to extract alive body's organ should be punished up to crime of hurt intentionally. Without privileging people's allowance to extract organ of corpus should be punished according to the crime of infringing corpus, and the crime of infringing corpus in our criminal law should be modified and perfected. To take medical conduct of organ transplant without qualification should be punished according to the crime of practicing medicine illegally,criminal law should rule the crime of practicing medicine illegally to be unit crime, and to bring the medical conduct of organ transplant without qualification carried out by unit into the scope of regulation of criminal law ,and which should regulate the circumstances of "without the qualification for a doctor " clearly in crime of practicing medicine illegally.