Research On The Crime Of Organizing Others To Sell Human Organs

Although the establishment of the crime of organizing others to sell humanorgans overcame the difficulties of illegal trade in human organs crime no laws in thepast. To temporarily restrain the crime rate growth of the illegal trade in humanorgans. However, with the development of science and technology, as well as themeans of changing of organs crime, the establishment of the crime can’t control theoccurrence of illegal organ trading permanently and effectively. And just theintroduction of the new law, the judicial interpretation has not yet promulgated, whichled to this crime, both in theoretical circles judicial practice are facing considerablecontroversy. This article will discuss the sin controversial points issues discussed tostudy and make some general content as follows:The first part focuses the crime pose a problem of the crime of organizing othersto sell human organs. The author started from organ transplant criminal violations ofthe criminal object as well as the study of the object of the crime, the definition of"human organs" of the object of the crime, and concluded that the object of the crimeis a complex object, rather than a single object. Next, I focused on the behavior of thiscrime problem, the object of the crime, and legislators finds that this crime has beeninfringed the provisions of the legislative intent of the crime, identified this crime toperform any act "organization" behavior rather than a "betrayal" acts perform any actby judging whether the implementation of the ending, and whether the protection ofthe law of the sin interests to cause practical urgency dangerous morphologicaldistinction between both the crime of attempted. Also briefly discussed of thestandard definition of this crime if the circumstances are serious problems, andcomprehensive the existing research of scholars, proposed author’s some tentativerecommendations. The second part studied the problem of the relationship betweenthis crime and the victim’s commitment. Through commitment to harm the validity ofthe establishment of conditions, to distinguish valid promises and invalidpromises.Commitment to the validity of whether or not to judge established underthe circumstances of this crime, and victims commitment invalid when this crime of the problem of how to handle and by the difference between the victim. The third partfocuses on the boundaries between this crime and others. Since this section, three willorganize others to sell human organs in accordance with the other three sinsprocessing, then how to define the crime of intentional homicide, intentional assault,and theft, the crime of insulting the body became extremely important. The authordiscuss this article, several cases of three paragraphs, and commitment to the validityof the injury by judging the victims, and to define the differences and relationsbetween the crimes and other three crimes. Finally, the author points out thedistinction between the sin and crime of illegal business by eliciting the first case ofour country. Through the sins between this crime and other crimes betweenboundaries, get a better grasp of the Constitution of Crime and Delinquencycharacteristics. The fourth part I first discussed this crime to incriminate reason andsome social effects discussed in this crime, through its legislative, judicial practiceencountered few problems as well as analysis of the requirements of the provisionitself. Finally, the author summarizes the discussions of domestic and foreign scholarsfocus of this crime, and through its own analytical understanding of this crimelegislation proposed some tentative recommendations.