Understanding Of Criminal Law Of Illegal Extirpation Of Human Organs

The range of "human organ" in illegal extirpation of human organs should be defined, according to the aim of Criminal Law, referring to "The Rule of Human Organ Transplant" and combining with the medical standards. As to the living organ extirpation, it will not be considered as illegal unless under the following6condition: the commitment of organ provider should have the disciplinary right, the committer should have responsibility for the extirpation behavior, the commitment of extirpation should be based on the true willing, the behavior must be concord with the content of commitment, the commitment should be presented in written form, the commitment should not be with the aim of transaction. It is forbidden to remove the organ belong to the person who under18, and the removal promise commitment to their guardian is invalid; by force or deceive, causing their organ donor's willing untrue, will make the promise invalid. To ensure the illegality of illegal organ removal, it should stick to its behavior of no value position so that distinguish their criminal responsibility. To remove the organ of corpse, the corpse should include its organ, but the brain death corpse is exclusion. The death should has the right to decide his body. The immediate relatives have the right to donate the death's organ. The range of immediate relatives should refer to "The Rule of Human Organ Transplant". Meanwhile, the donation of corpse should make common said by written form. Without approval, it will be consider as illegal and not suit for the principle of necessity.