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The Identified Of Organization’s Sales Of Human’s Crimes

Posted on:2014-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:L P WangFull Text:PDF
GTID:2246330395493257Subject:Law
Abstract/Summary:PDF Full Text Request
Organization betraying the crime of human’s organs is a product of the rapiddevelopment of medical technology,in the2011which put the sale of human organs into thescope of the Criminal Rules and Regulations for the first time.Organizations selling intopunishment of the crime of human organs to provide a legal basis for our t organized organtrading behavior and protect the life and health of citizens,as well as the safeguard of organtransplants in China market.country’s judicial authorities to combat human organ trading behavior,effectivelydeterrent to criminals selling human organs illegal organization and to curb the occurrence ofthis type of crime.It has a great significance to combat innovations.Lead to illegal trade inhuman organs event frequent in recent years, the rapid development of the organ transplanttechnology behind these vicious incident, however, is the vacancy of the legal system, there isno regulation on charges of acts organizations to sell human organs, thus making an illegalorganization. increasingly rampant crime of buying and selling human organs, serious violations ofthe life and health of the public and public health order, so in this case2011, Chinapromulgated the criminal Law Amendment (eight) provide for separate organizations betraythe crime of human organs. Author of scholarly articles that the sale of organs crime through the analysis of some of the relevant organizations at home and abroad, the views of the organizationbetraying the concept of the crime of human organs, assist and organizations to sell human organs,units should be how to deal put forward their own proposals.The second chapter is divided into two parts, the first part introduces the concept andcomposition of the organization betrayed the crime of human organs. I explained in thischapter of academic organization betrayed the concept of human organs sin controversial, andthe author’s point of view, that the definition of the concept of this crime, it should highlightthe basic characteristics of criminal illegal. The second part introduces the four constituentelements of this crime. In addition to the infringement of the right to life and health benefitsof this method, the crime of violation of China’s health care system and the socialmanagement system, and therefore the object of this crime has a multiplicity. The objective aspectof the crime is the main highlight introductory organizational behavior as well as the range of humanorgans. The subject of the crime is a natural person subject, the subject of the crime is not inaccordance with the provisions of the ordinance, including the units, I think this is the legalexistence of the gap, so the proposed expansion of the scope of this crime body orestablishment of medical institutions in the sale of human organs sin. Subjective aspects ofthis crime can only be directly intentional, indirect, intentional and negligent can set up thiscrime. The third chapter demonstrates the problem of the organization betray identification of the crimeof human organs compare with the crime and does not constitute a crime of. To define theboundaries of this crime or the first part of the objective aspects of this crime and subjectiveaspects. The second part from this crime accomplished standards to define the boundaries ofthe crime or the the controversy consummated standards organization betrayed the crime ofhuman organs in China are mainly concentrated in the crime of acts committed or results guilty. Ibelieve that this crime was undoubtedly the result of guilty behavior led to the occurrence of thedamage results Accomplishedstandards and the removal of the organs of the body caused by damage to the human body thatis consummated, the damage did not produce results shall be attempted. The third partexplores the boundaries of a crime of several crimes, this crime involving fraud, illegaldetention, intentional assault, intentional homicide, the crime of illegal medical practice andforgery, altering national seal, file resident status the incriminating processing.The fourth chapter discusses in detail the issues of this crime and other crimes. It’s notset organization betrayed the crime of human organs before, our acts are punished for thecrime of illegal business of buying and selling human organs, the sin and crime of illegalbusiness are different on the target of a crime and violation of the object. The Criminal LawAmendment (eight) The provisions of this crime clear and intentional assault, intentional homicide made a distinction, the distinction between the two most critical factor is to betraythe wishes of the victim’s behavior whether from. Finally, a distinction between this crime andtheft, the crime of insulting the body, mainly from the point of view of the object of crime,violating legal interests were analyzed and presented some of their views and suggestions.
Keywords/Search Tags:Organization betray the crime of human’s organs, Constitutive elements of a crime organize, Crime and non-crime, This crime and other crimes
PDF Full Text Request
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