Research On The Human Organs Crime

With the development of human organ transplant technology to produce a newcomplex crime—human organs crime.Such offenses seriously endangering the healthand life safety of the citizens,it not only contraries to good morals and social ethics,but also trampled on the health management system and organ transplantation systemwhich do great harm to society.Before the publishing of the Criminal LawAmendment(Eight),the criminal law in our country does not have this kind of crimeof the relevant provisions,judicial practice can only be convicted and punished inaccordance with the traditional crime,so it is not good to punish crime and preventthe occurrence of crime.In this paper,the basic problem of the crime of humanorgans is defined and combined with the Criminal Law Amendment(Eight)in humanorgans crime in relation to the elaborate analysis of main features and improve thelegislative proposal.The paper is divided into four chapters.The first chapter is an overview of thehuman organs crime,which introduces the definition and forms of human organscrime.There is controversy about the range of human organs in legal circles.Becauseof the differences of the scope of each discipline,the interpretation is either inaccordance with the scope of medicine or in accordance with the organtransplantation range of Human Organ Transplant Ordinance.The author lists severalviews of the current analysis,and sums up his own point of view.Human organscrime is a complex crime.The majorities of the world’s countries have already got acertain amount of understanding and attach importance to this regulation throughlegislation.It still does not have uniform charges and saying,so the author analyzesand summarizes to draw the point of view on human organs crime.Human organscrime is not just that several manifestations of the Criminal Law Amendment(Eight)which has been discussed,there are many forms which each country and region requirements are not the same as offenses.The author will carry out a certaininduction.The second chapter analyzes the crime of organizing and selling human organsin the Criminal Law Amendment(Eight),describes the basic characteristics and alsocrime organization of the crime of organizing and selling human organs,whichcontains the crime subject,the crime object,the subjective aspect of crime,theobjective aspect of crime.Learning is a good way to study criminal law.The third chapter discusses some basic issues of human organs crime tointentional injury,intentional homicide,theft,insult bodies in the Criminal LawAmendment(Eight),for example,without the consent of the"I"should be understoodas with full capacity for civil conduct,"without consent"includes a clear rejectionand without the knowledge.This chapter has also discussed and put forward its ownviews on these controversial issues.The fourth chapter elaborates on the status of the human organs criminallegislation in China,and put forward a sound proposal.The intermediary of the crimeof human organs focused on combat in China’s criminal legislation.It has changed thehelplessness of the judicial practice of the traditional charges of illegal businesscrimes conviction and sentencing.With the new offense of conviction and sentencingalso have a clear basis.But there are still many imperfections in our legislation whichdo not provide for the crimes committed by units in the crime of human organs,lawprone to competing or criminal conversion,and the introduction of urgent need ofjudicial interpretation.