Criminal Law Regulation On Human Organ Transplantation In China

This thesis mainly studies our country criminal law regulating the human organtransplantation. The technology of human organ transplantation is the advancedtechnology of medical development, saving a lot of on the brink of death of thepatients, and it is called “the top of medicine in the twenty first century”. Chinesehuman organ transplantation technique in medicine has reached the advanced level ofdeveloped countries, however compared with the western. Our legal regulation on thehuman organ transplantation is relatively backward. There was organ transplantlegislation in the early eighteenth century in western. Although Regulation on HumanOrgan Transplantation was published in2007in China, which regulated our humanorgan transplant behavior in a certain extent, there are still lots of shortage which ismainly reflected in the legal provisions are not specific enough, for example, legalresponsibility provisions are not in accordance with criminal law. According to ourlegal, human organ donation should be voluntary and free, and no organization orindividual may buy and sell human organs. Our criminal law has not the provision onorgan transplantation crime until Amendment Ⅷ to Criminal Law in2011. Because ofshort in law, the buying and selling human organs and other illegal organ transplantacts prevailed, and even formed a “underground industry chain" to harm the victim’sbody, causing great damage, and great harm to society. So the transplantation ofhuman organs to be criminal law regulation is necessary.This thesis consists of preface,main body and conclusion. First:prefaceintroduces the concept of human organ transplantation, type and the challenges of ourtraditional criminal law.Second:main body,it consists of four chapters.The firstchapter mainly analysis the necessity and flexibility of human organ transplantationby criminal law regulation; The second chapter, according to one of the article234thof the criminal law,analysis the element of human organ transplantation which willinto the crime;The third chapter discusses the judiciary verdict of other crimes ofhuman organ transplantation, such as intentional homicide and intentional injury,medical accident crime and the crime of illegal medical practice;The fourth chapter primarily writes the justified act in criminal law on human organ transplantation,which is the content of victim and the justified business act. Finally:conclusion,theauthor based on this thesis, put forward some suggestions for legislation, in order tobetter regulation on human organ transplant act.