Elaboration On The Crime Of Organizing To Sell Human Organs

The development of the life sciences is a double-edged sword, to the benefit ofhumanity while also induce many of the social and legal issues. Human organtransplantation, especially as an important part of the life sciences. It can make acritically ill patient from pain, can also take the risk for human organs, all kinds ofevil. Due to the serious imbalance between demand and supply of human organs, thecrime intensified in recent years, the sale of human organs. Although the introductionof local regulations and administrative regulations prohibit the sale of human organsof any individuals and organizations in any form, be given administrative punishmentbut only on the behavior does not make the sale of organs deterrence, and even makescriminals emboldened. To increase efforts to crack down on such crimes, and"China’s Criminal Law Amendment (h)"added the crime of organizing to sell humanorgans counts new legislation on human organ development, maintaining socialstability and the protection of citizens the legitimate rights and interests have asignificant meaning.However, due to the organization betrayed the crime of human organs is simplecounts, coupled no judicial interpretation of the introduction of this understanding ofthe crime of statutory provisions will inevitably controversial, and even increase thedifficulty of judicial practice. Theorists that the charges in-depth analysis of thecurrent situation is not much on this offense is scarce monograph. In view of this, wewill organizations betray the crime of human organ systems analysis, discussed indetail, depth discussion of controversial point of the charges exist, to this offense, thejudicial practice and legislation perfect little reference.This paper is divided into four parts to a systematic analysis of the organizationbetraying the crime of human organs.The first part is an overview, mainly on the legislative background counts todetermine legislative significance want the content to lay the foundation for thecommencement of the article. First described the organization to betray the legislative background of the crime of human organs, and analyze the reasons for their behaviorcharacteristics such crimes occur. Secondly, the Charge. The author believes that "thecrime of trafficking in human organs","the crime of organizing to sell organs","organizing others to sell human organs crime" is not properly.Only "the crime oforganizing to sell human organs "not only accurately reflects the crime, and crimetargeted while clear and concise, so the offense should this name. The final statementof the offenses set up to make up for criminal legislative gaps, protect the legitimaterights and interests of citizens, and of great significance to maintaining social stabilityand harmony.The second part is the Constitution of Crime and analysis from the object of thecrime, the objective aspect of the subjective aspects and the main four, andcontroversial issues of the theorists were analyzed and discussed. This paper arguesthat the object of the offense is a complex object, the body of citizens the right tohealth and the country’s medical regulatory order, the order of the market economydoes not include. The object of the crime of human organs, and its scope is notlimited to the scope of the provisions in the Ordinance, should be done to expandexplained. The objective aspect of the crime of organizing others to sell humanorgans act, voluntary premise should be the seller, or it may constitute other charges.Here in view of the protection of minors and the mentally ill, the others should beexcluded. The main body of the crime is a natural person at least16years of age, andthe unit can not constitute the crime. The subjective aspect of this crime wasdeliberate and direct intention While most organizations betray the perpetrator of thecrime of human organs is to seek illegal economic interests, but there is no suchpurpose does not affect the establishment of the offense.The third part is the judicial ascertainment. This part of the crime constitutes thebasis of the crime or that the crime, a crime of several crimes, both with andattempted, and this crime and other crimes do analysis. First, the distinction between"organization betrayed the crime of human organs and generally illegal. The sale ofhuman organs and tissue to sell human organs participants are not recognized as acrime. Second offense of this crime and the crimes discussed. To organize sell humanorgans may implementation committing another offense behavior, the behavior and organizational behavior is implicated in the relationship should be a heavy; if not therelationship is implicated by multiple crimes. Once again, both with discussions withattempted criteria. This paper argues that as long as the perpetrator is implementedorganizational behavior shall be consummated, regardless of whether the humanorgans has been sold. Betrayed by the judicial practice in organizations of humanorgans in view of the increase in the charges to the crime of illegal detention, illegalbusiness crimes, intentional injury sin convicted and punished, made a distinctionbetween the sin and related offenses in this section last.The fourth part of the exposition of the few flaws of this crime and its proposalto further improve. This crime units provisions will inevitably be the subject of acrime makes some crimes are not due punishment, in violation of our sin is theprinciple of adapting punishment. In addition, the fine punishment provisions willdetermine the amount of judicial practice in poor operability, the judge discretion toexpand, easy penalty an imbalance. Therefore, the paper argues that the units shouldbe included in the subject of the crime, and determining the amount of the finepunishment provisions.