A Study On The Application Of Law In Organizational Selling Human Organs

When the gospel is brought by the development of life science, the new forms of crimes come out; the sale of human organ is one of forms. Many countries published related laws for this crime; China also added the organized crime of selling human organs in the 37th article of Criminal Code (Eight), which was the outstanding performance of the Criminal Code replying the scientific risks for filling the blank of organ crimes. However, in the practice of justice, there are some arguments about the application of the new crime in the academic field, such as the range of human organs, the definition of organized selling and the standard of being crime. So it is necessary to make the problems clear. There are 4 parts in this paper trying to make a statement of organized crime of selling human organs and related problems by analyzing the related arguments with the current application situation. The contents are:The 1st part is about the legal context of organized crime of selling human organs, the present situation of domestic crimes of selling human organs and the legal research of such foreign crimes. The 1st section is a brief comment of the conviction of selling human organs with the publishing of the Criminal Code (Eight). The 2nd section is about the deficiency of our organ crime by analyzing the foreign legislation, and trying to make foundations of the 4th part.The 2nd part is the justification of the legitimacy, illegality, responsibility of the organized crime of selling human organs. The actions, subjects and subjective are stated. The opinions are raised on the clear arguments trying to do the correct application of the regulated laws.The 3rd part is the most important part stating about the problems of organized crime of selling human organs. By analyzing the cases, the basement of legitimacy of the application conditions of the 2nd item in the 234th article of the Criminal Code, the relationship between the organized crime of selling human organs and intentional insult is cleared to solve application problems. Secondly, this part is about the problems of picking body’s organs including the agree subject of body organs, the effectiveness and the qualities of picking. For these relate to the application of this crime or the other, it is necessary to be clear. Finally, is about the analyzing of recognition of the accomplished offense and the insufficiency of application to help with the problems.The 4th part is about the legislative perfection of the organized crime of selling human organs by drawing lessons from the foreign legislation and analyzing the insufficiency of ours with the present domestic legislative situation. Firstly, the unit should be the subject of this crime to reserve space for the application. Then, the legislation should include the equal protection of mental patients and juveniles to show the special protection of the Criminal Code to the vulnerable group. In the last, the range of right of free judgment should be restricted to perfect the criterion for imposing penalty.