The Self-contained Disquisition On The Article37of The Criminal Law Amendment Ⅷ

Organ transplant technology is a big breakthrough of the modern medicine, some critical patients can get the opportunity to treatment through the organ transplant. But to all countries peaking, who have the abilities to develop the technology of the countries are facing a dilemma, is the shortage of donor organs. A serious imbalance between supply and demand provides the soil for buying or selling organs appear. Buying and selling human organs which is against guarantee receptor healthy life, serious breach life ethics, and cause other crime, is a new type of crime. Therefore, our country should give a legislation intervention buying and selling human organs. Along with the People’s Republic of China "criminal law amendment (8)"come on stage, the illeg ality of the buying and selling human organs have a legal basis.Although the criminal law amend ment (8)"no will be buying and selling human organs crime for legal provisions before the widely discussed" illegal buying and selling human organs of sin",but will the direct provision for"inte ntional harm blame" or"intentional homicide", the body for buying or selling organs qualitative as "theft, insult bodies of sin",also can better protect the health of the overwhelming majority of the people and person, it is a major progress of legislation.By analyzing the present situation of human organs for transplants to Beijing and Lanzhou up t wo illegal buying and selling human organs for import case, the paper medical organ transplant of analyzing system organ transplant technology development and application process all kinds of le-gal problems caused at home and abroad, and the content of the organ transplants and buying and selling human organs of the situation analysis and discussion. And on the analysis to the amendme nt of criminal law (8) of article37, and based on this, this paper discusses the necessity of the legis lation of buying and selling human organs, and the new law of the amendment of criminal law (8)"about buying and selling human organs of the relevant provisions of the analysis of the rationality and the perfect sex. Through the analysis of this paper, draw the conclusion:in today’s society and legal environment, buying and selling human organs although criminal law for illegal, but only fr om just passed amendments regulation is not enough. We should make "organ trade sin" of the spe cific charges, the real blow this illegal behavior. In addition, should try to establish organ transplan ts perfect system, from the fundamental solution to the imbalance between supply and demand of the organ transplantation of the status quo. The punishment of organ trade is a long way to go.