Research On The Crime Of Human Organs

The progress of organ transplantation technique and the recall of the right of death penalty review lead to a great disparity in the number of organ apply and demand. This phenomenon has led to an increasingly high rate of the crime on human organs. Based on the study of typical cases of different periods, with analysis of the background and the process in law and practice, an conclusion aiming at defining the characteristic of nowadays crime on human organs was got based on the cases at home and abroad. Should we treat the trade of human organs as a crime? My point of view on this matter is neutral based on the influence of the crime and the national conditions. Refers to the newly-created crime on human organs in china criminal law; first of all, a definition of the subject of the crime has been given, with sellers and buyers excluded. With viewpoints of different scholars considered, the sentence is now defined as "charge for selling human organs".Yet more, human tissues should also be considered as the human organs in this sentence. Lastly, different criminal behaviors have been deeply analyzed and defined refers to the practical cases, especially cases of juvenile crime.