Research On Several Problems Of Human Organ Crimes

With the amendment to the Criminal Law (eight)"for the first time clearlydefined as a crime of organ trading behavior and the handling of illegal harvesting oforgans of others, for the first time to establish the illegal trade in human organs, thus,acts that endanger human organs in China criminal legislation has had specificcorrespondence. The criminal behavior of human organs as a new topic of theCriminal Law, there are many problems to be studied in depth and further sorting out,the author seeks to discover and ask questions, offer suggestions made for thegovernance of human organs crime. Existing legislative provisions and the existingresearch achievements as a starting point, take comparative analysis and logicalanalysis of ideas, the use of theory with practice, specific problems specific analysisof methods, from human organs concept in Criminal Regulation vision defined thelegal property the current situation and problems of human organ at home and abroadCrime of the Criminal Law human organs crime identified four aspects of theproblems in and application of, and our human organs crime legislation improvementto explore.The first part first of all through the issue of human organ concept in view ofcriminal regulatory system and legal property conducted Discrimination, classify thecurrent harm the human body organ behavior; from the perspective of penal law,benefits protection functions of the described theoretical basis of human organs acrime punishment laws and regulations system of, for from the criminal acts thatendanger human organs to be regulated to find theoretical and practical basis.The second part of the summaries and analyzes of human organs crime at homeand abroad legislative status quo. Begins with an overview abroad on human organcrime legislation the status quo and experience; Second, review the China’s relevantcriminal legislation of the track, summarizes the China’s current theoreticalcommunity of human organs crime theory studies the status quo; last pointed out thatthe China’s criminal legislation and regulations system of human organs crime theexistence of deficiencies.The third part of a crime for the crime of human organs to identify and todiscriminate with respect to the application problems. Elements on the one hand in thecrime on the individual counts of the crime of human organs, complete the form, thecrime and the number of identified areas of doubt to explore, to sort out the difficultissues of common crime and sentencing application and judicial practice; the otherhand, the human body organ donation, transplantation, and other criminal acts maylead to the use of human organs for criminal conduct to distinguish and identify.The fourth part is a combination of analysis and elaboration of the first threesections, combined with the crime of human organs in China criminal legislative andjudicial application of the perfect proposal put forward my personal human organscrime in the applicable legislation and legal aspects of...