A Study Of Organ Crimes

With the development of human organ transplantation technology, as animportant breakthrough in medical field in20th century, organ transplantation hasachieved a goal which could not be reached by traditional pharmacological therapy,and has provided vast prospects for curing some disease. However, the related organtransplantation crime has emerged，when it has also brought many benefits at thesame time. Nowadays, with the rapid development of Chinese economy, organtransplantation crimes have grew in intensity as the increasing tension betweensupply and demand. The commercial trading in human organs has become prevalent,so that the illegal removals of human organs commit frequently. In recent years, organtransplantation crimes occur in a high rate as a whole, which seriously disturb thenormal social order, violate rights and interests of citizenship, and severely harm thesociety. In this situation, on Feb.25th. in2011, the NPC Standing Committee haspassed the Eighth Amendment to Criminal Law, in which the organ crimes have beenclearly defined. This is the first time that the behaviors of organized selling humanorgans, illegal removal human organs and illegal removal cadaveric organs are madespecifically in law. From now on, this amendment has great theoretical and practicalsignificance for containing and struggling against organ crimes.Although the provisions of organ crimes have been defined in criminal law ofour coutry, the legislation on organ crimes have caused considerable controversy,andthe theoretical and practical circles experts and scholars have different levels ofinterpretation on the legislation。 The theoretical experts have welcomed theintroduction of this legislation,but they think that the key content of amendent hasbeen virtually increased article one “organized selling human organ crime”,anothertwo principles have been reaffirmed to traditional crime in the form of “noticeprovision”,so they think that the criminal legislation of organ crime involve limited range,weak strength,is difficult to regulate the current high incidence of organ crimebehavior.at the same time, the practical circles scholars think, organized sellinghuman organ behavior can be cosidered a crime,but the generic buying and sellinghuman organ behavior can’t be deemed a crime in judicial practice,which harmsthoroughly struggling against organ crimes from the source.Based on the present and dispute of the criminal legislation of organ crimes inour coutry, this thesis takes the new kind of organ crimes in the Eighth Amendment toCriminal Law as the research object,and takes contrastive analysis and positiveanalysis as the research method, which systematically analyzes the new rule of ourcourtry organ crime.Specifically, this thesis introduces the concept, features andlegislation at home and abroad of organ crimes, expounds the importance andnecessity of organ criminal legislation in the current circumstances. Besides,according to the three types of behavior in real cases——the organized selling humanorgans, illegal removal human organs and illegal removal cadaveric organs, theauthor analyzes one item of Article234in the amended Criminal Law about theconstitutive elements of organ crime, the judgment of criminal or non-criminal andthe distinction with related crimes. And by analyzing problems of the organ crimeslegislation, it puts forward the corresponding improving suggestion. Finally, thisthesis bases on the research of the new rule of organ crime, through this research,theauthor expect to help using the law in the judicial practice more accurately andstandardly,and provide the corresponding reference to help promoting the organcrimes legislation more reasonable and perfect,in order to better serve for containingand cracking down organ crimes task.