On The Offence Of Organizing Others To Sell Human Organs

With the development of the organ-transplantation-related technology, a new gospel has been growing, which contributed to increasing organ demand. Economic interests from the differences of need and supply give birth to a new kind of crime in human organs. Considering the harm of malignant behavior, relevant researches of academic circles have not been lax. However, compared with other countries in Europe and America, criminal legislation in our country has a big gap. Aiming at regulating the great harmfulness illegal trade in human organs crime,2011"Amendments to the Criminal Law of the PRC (eight)" promulgated, and formulated organizing other persons to sell organs as crime at the first time, which could not only curb and combat against organ trading, but also provide legal weapon for the punishment of criminals. In this paper, combined with the specific situation and judicial practice in China, the writer try to use many methods such as comparative analysis, and exemplification, and analytic the offence of organizing others to analyse the content of offence of organizing others to sell human organs. According to the theory of criminal law, disputes are discussed, the viewpoint of the author would be spilled out, and then the legislative suggestion put forward.This paper is divided into five parts, as follows:the first part, from the social background, the legislative history and the "Amendments to the Criminal Law of the PRC (eight)", high spots would be highlighted in the new regulations. The second part, with brainstorm the condition of the crime, constitutive elements of crime would play the main parts. The third part, justice finds of the offence of organizing others to sell human organs could be discussed from three aspects:distinguishment of crime from noncrime, the judicial cognizance, and distinguishment of crime from noncrime. Especially, paying more attention to the regulations in "Amendments to the Criminal Law of the PRC (eight)" on human organ crime, justice finds are described. The fourth part, focusing on controversial issues, footing on the ground, the author’s oppinion would be displayed, as well as the suggestion, which includs the definition of "organ" The sentencing range, the doctors’responsibility and the feasibility of "brain death" method in the inlegal human organ trade. The fifth part, analyzing the shortcomings of existing legislation, the author puts forward suggestions on how to improve. Including the increase of unit crime. Protection of incomplete capacity of mental patients and improving the system, the writer calls for the relevant judicial explanation as soon as possible.