| Human Organ Transplant Crime is of considerable harm to the society, and to the health of Chinese citizen and normal medical order as well. This thesis makes an analysis of the legal attribute of organ and the connotation and characteristics of organ transplant crime, and makes comparison on the extraterritorial criminal legislation of organ transplant crime, and then conducts research on China’s organ transplant crime and its particular problems, thus making us have a comprehensive understanding of organ transplant crime.This thesis makes research on China’s human organ transplant crime from the following four aspects:Firstly, an overview of organ transplant crime is introduced. In this part, the author defines the legal attribute of organ, and studies the connotation and characteristics of organ transplant, thus making people have a comprehensive understanding of organ transplant and organ transplant crime as well. Secondly, the legal attribute of extraterritorial organ transplant crime is compared. By studying the legal attribute of extraterritorial organ transplant, the author summarizes the points of extraterritorial legislation that we can use for reference. Thirdly, China’s organ transplant crime and its particular problems are studied. The author at first puts forward the necessity of setting the behavior of illegal organ transplant illegal, and then makes an analysis of China’s organ transplant crime and its particular problems, so as to correctly understand related provisions of criminal law in judicial practice. Fourthly, the social measures to prevent and control the organ transplant crime are brought forward. In this part, the author puts forward the social measures to prevent and control organ transplant crime from three aspects, namely, scientifically publicizing organ transplant, improving the system of organ donation, and completing related legislation of organ transplant, which are for the purpose of preventing and controlling new crimes of such kind effectively. |
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