Human Organ Crime Question Research

In recent years, illegal trafficking in human organs behavior showingincreasingly rampant tendency in our country, the social harmfulness behavior is moreand more obvious, not only harm the organ donor’s health, but also seriously disruptedthe normal medical order. In connection with the sale of human organs behavior, inthe "criminal law amendment (eight)" promulgated, conviction and punishment of thecrime of illegal business operation to this behavior, although the penalty is a basis inthe criminal law, but the crime that is not good enough to reflect its crime behavior. In2011,"criminal law amendment (eight)" has provided detailed and comprehensive onhuman organ transplant act. In this paper, the amendment to the criminal law "(eight)"from the perspective of criminal law, the problem concerning the human organtransplantation were discussed in details.In this paper, the author of this thesis about the article carried out a detailedinterpretation, refining the controversial issue in academic circles still exist, and thenrefer to the relevant books, get further understanding in the teachers and students withthe help of. In this paper, the author chooses and human organ transplant crime relatedcases, through the analysis of the case, find out the dispute focus.Through the first part of the illegal organizing others betray body organs ofbehavior of discussion, the author draws,"sell" embodies a voluntary and compliance;"organization" means of expression for non-violent, any organization to stress andother violence cannot be sold for evaluation of this crime, but a more serious crime."Others" more extensive scope, this provision is to increase the range of attack, themedical order to better protect the stable. Summary of the second part can be drawn,our country to give special protection to minors prohibited minors, removal of organsof the body, at the same time, the medical staff in the removal of organs shouldstrictly abide by the rules, avoid and others to damage the health of patients. In the standard to judge death, the author thinks that China should accelerate the pace ofdeath judgment standard of brain death, in line with international standards. The"forced" and "cheating" behavior in the third part of the connotation of "forced",should be to expand the understanding, including not only the physical forcing,including psychological coercion. To deceive others organ donation behavior, inaddition to consider the deception of the content, but also consider the deceptiontarget. Secondly, the doctor in the emergency circumstances forced removal ofpatients organ behavior are discussed in this paper, the necessity principle is notsuitable for treating doctors in emergency situations.