Study On The Organization To Sell Human Organs

2011China passed the "Criminal Law Amendment (8)", the organization to sell human organs crime refers to criminal acts of others. According to the "Criminal Law Amendment (8)", the organization to sell human organs of five years imprisonment and fined, if the circumstances are serious, at least five years, fined, or confiscation of property.The paper is divided three parts. The first describes the organization to sell human organs elements of the crime, the main elements of the crime is the Criminal Law in general, with16over the age of criminal responsibility of natural persons. Organization sold is intentional crime of the human organs."Criminal Law Amendment (8)" did not profit as to whether to set up the crime. The organization sold human organs against two kinds:one is the normal order of market economy, the second is the body of citizens’right to health. Organization sold the objective elements of the human organs is the behavior,"organization""sell" must be broad understanding,"the organizers" must be voluntary,"human organs" can not be from the medicine but be jurisprudence. The second part said that the circumstances of the crime of the human organs in the judicial. In judicial, constitute the offense must be intentional. Crime organizations to sell human organs with intentional, the crime of illegal business, illegal detention existence of competing,. Organization to sell human organs against the order of market, but mainly against citizens’health. The judiciary can under the circumstance the graft. The third part said that the organization selling human organs to make up for the loopholes of the law, but can also improve the more perfect. The offense can be increased in the main elements and we can study abroad to develop standards in the stage.