On The Criminal Law Regulation Of The Human Organ Transplantation

Organ transplantation is an effective approach to treat organ failure or corrupteddisease, it is able to make patients back to health and even regain life, and bring tomankind a great well-being. But on the other hand, organ transplantation has also triggeredmany problems of the social, the ethical, the economic and the crime, especially the crimeproblem, it can be said, the crime phenomenon occurs in the range and the field of organtransplantation corresponding to it, bringing huge harm to human beings, and shadowingthe stability of human society and the healthy development of organ transplantationtechnology, posing challenge to criminal laws of different countries. Most countries haveissued laws to deal with the issue of organ transplantation crime, but our country is laggingbehind in this regard, even though the Criminal Law Amendment VIII has introduced somerelevant provisions, but it is far from perfect. There is an urgent need to regulate it by law,especially criminal law, in order that organ transplantation develops healthily towards thedirection that is beneficial to the human beings.Beginning with the theoretical basis of the criminal law regulation of the Humanorgan transplantation, this paper analyses the current situation of our country and overseasin the aspect of the criminal law regulation of the Human organ transplantation, points outthe shortcomings of criminal law legislation on human organ transplantation of our countryby comparison, and finally discusses how to improve the criminal legislation of humanorgan transplantation in our country. The thesis is divided into five parts, each part of themain contents are as follows：Part I： the theoretical basis of the criminal law protection of human organtransplantation: the concept, significance and caused issues of the human organtransplantation is discussed in this section, the necessity for the criminal law regulation ofhuman organ transplantation is analyzed, and how to rationally carry out criminal law regulation.Part II：the current situation of the criminal law regulation of the human organtransplantation：the legislative model of the overseas criminal law regulation of the Humanorgan transplantation is summarized firstly, then, the current situations of the criminal lawregulation of the Human organ transplantation in countries and regions including theUnited Kingdom, the United States, Japan, France, Russia, Spain, Italy, China Hong Kong,Macao and Taiwan regions are discussed respectively.Part III：the comment of China’s criminal law regulation of the human organtransplantation：the new-regulated three kinds of crimes of Human organ transplantation inCriminal Law Amendment VIII are specifically discussed in this part, namely, crime oforganizing and selling human organs, action of illegal removing human organs and actionof illegal removing organs of dead body. it points out the shortcomings by analyzing thecurrent situation of China’s criminal law protection, and mainly discusses from aspects ofthe legislative system, the perfection of the charges, the subject of a crime, the setting ofthe penalty.Part IV： perfecting of the criminal law regulation of China’s human organtransplantation: this section is the emphasis of the paper, first, several relevant concepts aredefined, then the perfection of the legislative system is researched, which mainly analyzedthe position of crime of the Human organ transplantation in the Penal Code, finally, theconstituent elements, the legal punishment and specific charge involved, namely specificcharge is added under the category accusation of the crime of the human organtransplantation, of the crime of the human organ transplantation is researched.