Research On Illegal Buying And Selling Human Organs Rime By Case Study

This thesis is a case study. Taking the “national first caseof buying and selling human organs” as the starting point, the authormakes a relatively comprehensive analysis of number of issues of thecrime of illegal operation and the crime of organizing others to sellhuman organs. This thesis is divided into six parts, as describedbelow:Part one introduces the cause of action of the “national firstcase of buying and selling human organs”.Part two introduces details of the“national first case of buyingand selling human organs”.Part three describes the focuses of controversy in the case. Oneof the focuses of controversy is that the behavior of human organtrading in the case should be convicted of which crime. Some peoplesthink the behavior should be convicted of the crime of illegaloperation while others think it should be convicted of the crime oforganizing others to sell human organs. The other focuses ofcontroversy is whether or not the donor Yang Gang and patient Mr. Xie involved in the selling and buying of human organs constitutean accomplice.Part four is an analysis of the jurisprudence about the case.This part, as the main part of the thesis, analyzes the compositionof the crime of illegal operation and the crime of organizing othersto sell human organs, and on the basis of the analysis, the authoranalyzes the case. On analysis of the composition of the crime ofillegal operation, the author discusses the understanding of suchconcepts in the crime as “to offend state regulations”,“illegaloperation activities” and “the circumstances are serious” etc.On analysis of the composition of the crime of organizing others tosell human organs, the author first discusses legislative backgroundof the crime, and then proposes the understanding of the relatedconcepts such as“organizing others to sell”and“the circumstancesare serious” etc., and at last, the author studies the compositionof accomplice in the crime.Combined with the analysis of jurisprudence, the author givesreasons that the case constitutes the crime of organizing others tosell human organs instead of the crime of illegal operation, and the donor Yang Gang and patient Mr. Xie involved in the case of sellingand buying of human organs doesn’t constitute an accomplice.Part five is the conclusion. According to the analysis in partfour, the author makes conclusions that the illegal behavior ofselling and buying of human organs in the case constitutes the crimeof organizing others to sell human organs instead of the crime ofillegal operation, and that the donor Yang Gang and patient Mr. Xieinvolved in the case doesn’t constitute an accomplice of the crimeof organizing others to sell human organs.Part six is about improvement of the legislation of the crimeof organizing others to sell human organs. The author makessuggestions as follow: firstly, units should be added as the subjectof the crime; secondly, criminal regulation should be made to governrelatively illegal acts such as trafficking and intermediate trading;thirdly, judicial interpretation of the crime should be issued assoon as possible; and lastly, a scientific social assistance systemof human organ donation should be established through the legislation.