Criminal Regulation For Human Organ Transplant Behavior

The human organ transplant technology brings the hope of human health withproducing a series of harmful behavior, because of the nature different from commonmedical treatment and related regulation of transplantation’s insufficient. The causesof these series harmful acts mainly include:1. For lack of human organ transplantdonators.2. The legal system is not perfect.3. The standard of death is too simplified.Among them, the imperfections of the system include the imperfections of humanorgan donation system, administrative rules and regulations, and criminal law. Inorder to make sure that the human organ transplant surgery contributes to thewell-being of mankind and reducing its negative impact on the social order, it isnecessary to use criminal law to control the harmful acts brought from human organtransplant. Currently, the control force on the human organ transplant in the countrymainly comes from several charges in the existing section of administrative law andcriminal law. According to the special principle and subject of human organ transplanttechnology, the author will analysis the related harmful behavior in the view ofcriminal law. The paper is divided into four parts.The first part is mainly about the human organ transplant principle, the currentsituation, and the particularity of the human organ transplant behavior. Because of thespecial nature, it brings a series of harmful behaviors. So the adjustment function ofthe criminal law should be mention to reduce the negative effects. The regulation ofthe human organ transplant behavior needs administrative rules and regulations andcriminal laws and regulations to cooperate. The starting point of the criminal lawregulation is mainly the human organ transplant principle. According to thecharacteristics of the technology and the realistic situation, we could establishrelevant rules of criminal law better.In the second part of this paper, the author assesses organ donation system andAmendment VIII to the Criminal Law, and puts forward some new legislation suggestions. Improvement on human organ donation system, it needs to establisheffective information and distribution of the human organs on donation platforms.Combined with fairness and justice watchdog groups, which including thesupervision of medical standards and legal regulation, refer to the country’s organdonation system and China’s current situation, the author will put forward somesuggestion. It will more conducive to the development of technology of organdonation system. I think, the establishment of brain death standard is more adapt tothe requirements of modern medicine, and also good to solve the problem of bodyless in human organ transplant.At the same time, it will be able to do help inregulation of doctor’s treatment activities to prevent illegal behavior.The third part is mainly about the classification and analysis of the organtransplant behavior. Such behavior is divided into two parts: the human organtransplant related transactions and medical behavior. Comparing the advantages anddisadvantages, diversified concept of the death will do help to protect donor rightsand constraint medical institutions’ action. The related transaction behavior of thehuman organ transplant, including human organs and the information of transactions,mainly damage to the health of citizens rights and privacy rights. Upstream behaviorwhich human organ information trading and the relevant advertise release, will play arole in fueling to the organ-trading behavior.Furthermore, it will affect the normalorder of the medical management. In my opinion, the human organ transplantbehavior should be regulated through appropriate criminal legislation.The fourth part is to analyze the behavior of a variety of subjects covered by thehuman organ transplant.Base on the adjusted of the administrative regulations, newacts of harm to the criminal law itself is enriched and perfected, and thus can be betteridentified with the dangers of human organ transplantation.The sound is mainly basedon the principle of special attributes and implementation of the human organtransplant.Organ transplants should be sequential. Related behavior analysis, thecharges need to be established and the richness of the existing charges. Theimprovement of the corresponding human organ transplantation system, hoping tominimize the negative effects of human organ transplantation, the positive benefitsinto full play.