Research On The Legal Regulation Of The Sale Of Human Organs

In our country, human organ trading phenomenon is serious, the reports are oftensee anyway, human organ trading behavior on the one hand seriously disturb thenormal organ transplant management order, on the other hand will give those sellingorgans of the legitimate rights and interests of serious damage. However, our countrycurrent law regulation is not perfect, only the" Regulations on human organtransplantation" and" criminal law amendment (eight)" made the general provisions,and the existing research is mainly focused on the sale of human organs in thecriminal law regulation, the author thinks, the existing legal regulation exists manyproblems, such as law regulation is single, lack of comprehensive regulation of thecontent, the legal practice is not good. Therefore, it is necessary for us to furtherimprove our country legal regulation on trade in human organs, especially in theexisting criminal liability and administrative liability based on further sale of humanorgans of civil tort liability, establishing diversified range of responsibility mechanism.Introduction of human organ trading civil liability system, the construction of tradein human organs of tort liability. This article from the existing of human organ tradinglaws and regulations set out in detail the existing laws and regulations, under thepremise of legal regulation, puts forward the limitation and shortage. Base on the saleof human organs of illegal act in theory and specific legal provisions are discussed indetail, on the basis of the above analysis, summarized some suggestions and measures,and puts forward some ancillary rights to build the tentative idea of the system, andstrengthen the legal responsibility, the maximum possible maintenance the majority ofthe people’s rights and interests, at the same time the repressor of sale of humanorgans flush behavior effect.Besides the preface and conclusion, the text is divided into four parts:The first part is described in detail in our country at present the current situationof sale of human organs, and this behavior to the society and others brought harm,highlighting the behavior of others life health and social stability to produce hugethreat.The second part is the case settled, leading to the sale of human organs in ourcountry existing laws and regulations, points out its limitation and deficiency.The third part is to analysis the human organ trading behavior legal nature.The fourth part is the existing legal regulations existing problems puts forward some improvement suggestions and measuresThe last part is from the related law system and put forward some suggestionsand measures, hoping to multidimensional perspectives help victims obtain damages,so that the interests of maintenance; at the same time, to ensure that the tort subjectbear all kinds of legal liability, increase their opportunity cost, in order to give moreeffective repression of human to organ trading behavior.