Analysis Of The Criminal Law Of Human Organ Trading

In 20th century, with the development of medicineand economic, organ transplantation is widely used, and due to low awareness of donation, the relevant system imperfection, the worldwide organ is on the "shortage"way .Driven by money, buying and selling of human organs has become increasingly wild. And trigger a series of social, ethical issues, and criminal behaviors. In the other hand ,regulation of organ trading involves administrative, criminal legislation have been just started.In 2007 the "Human Organ Transplant Ordinance"was passed and in February 25, 2011 ,"Criminal Law Amendment (eight)" is in published , Article 37 in this amendment, require the punishment for organizing other persons to sell human organs.Articles from the perspective of criminal law on the sale of human organ discussed scientifically is not much. It is necessary to study the sale of human organs as a criminal in the theoretical aspects.In the first chapter, through relevant information to summarize, understand the generation of human organ trading behavior and the status quo, and get an overview of organs trade. Then focus on illegal or legal dispute the organ trade, with a certain ethical, philosophical knowledge, especially common sense utilitarian principle related argument, and come to a conclusion that organ trading is illegal. Finally, combine laws and regulations on the organ tade in the World Health Organization and the extraterritorial national and regional, to tsum up the definition, classification.In the second chapter, with the perspective of the criminal law, discuss the organ trading crime. Combin value analysis methodes and the characteristics of criminal, demonstrate the serious social harm and the penalties need in order to make the organ trade as a Crime. Firstly, from the organs of moral hazard behavior, social behavior of secondary hazards, and its measured derivative of the altruism, focusing on the limits of the penalty from a moral argument with the behavior of serious social harm. Second, through illustrating of the necessity and usefulness of penalty, to discuss the need for penalties on organ trading. In the third chapter, using comparative analysis to understand the legislation and practice of organ transplant technology in extra-territorial countries and regions where have more mature, relevant laws and regulations of different legal systems (Emphasis on direct provision of medical and administrative regulations in the penalty model in the UK ,a chapter of Public Health is set up for the crime patterns, and use of the original provisions of the Criminal Code -the crime of intentional injury model -in the Spanish.) we can just focus on the UK, France, and Spain. Binding characteristics of the national criminal justice system and social maturity of organ donation system draw a conclusion that we should give a special attention on the France, setting up a chapter fully the crime patterns.In Chapter IV, returning to the acts of organ trading in china criminal law system. In the first section ,combine several criminal cases happened two years ago, involving organ trading, and use of comparative analysis to comparea illegal detention, illegal operation, intentional injury .And analysis of judicial practice on the organ trade in the processing of criminal behavior, and Comment from the perspective of legality cases. In section two ,two scholars associated with the present observations, the use of Arts and explain the method point of view from the detailed analysis of the Elements, "Criminal Law Amendment (h)" in acts of crime against the sale of organs provided that the provisions of the position in criminal law and crime, etc. problem question. Finally, structural system from the maintenance of the Penal Code, combined with buying and selling human organs of the main object of the type of violation, I believe that should be a crime against public health setting, "the crime of organizing others to trade in human organs", and specify the unit can also be referred to as The subject of the crime and the penalty factor.