Research On Crimes Of Organ Transplantation

The crime of organ transplantation refers to a variety of behaviors in related with organ transplantation that greatly endanger the society, with the criminal illegality and should be punished by penalty. The crime of organ transplantation violates relevant laws and regulations about organ transplantation, infringes the management order of the country to the organ transplantation, and citizen’s right of life and health.As the absence of the donor and imperfect interrelated laws lead to an outstanding crime phenomenon of organ transplantation.The crime of organ transplantation has characteristics of science and technology, concealment, coexistence of harmfulness and altruism, and the development trend of transnational and frequently occurring criminal activities increase the striking difficulty.The crime of organ transplantation has flooded in some countries and regions, and most of the developed countries have prohibited the illegal human organ trade by law in different legislative modes. The crime of organ transplantation legislative modes mean how to establish the crime of organ transplantation system in the criminal law system of the country and it could be divided into criminate separately and not separately in the perspective of whether it was set as the special provisions in the law, and our criminal legislative mode is the latter.Reach on the crime of organ transplantation is a new field relatively in China, and the difficulty is the strategies of the crime of organ transplantation criminal system which is helpful to prevent and strike the crime offences, perfect the criminal legislation, and ensure the authority of administrative legislation. Besides utilize some regulations of current criminal law sufficiently, such as murder, crime of negligent homicide, intentional injury crime, offence of negligently injuring another seriously, crime of illegal medical practice, crime of medical accident, theft, crime of insulting the corpse, and so on, it should be necessary to establish some new charge, for instance, crime of illegal trade in human organs, crime of illegal harvesting and supplying human organs.