A Study Of Human Organ Crimes

Human organ transplantation technology, as an important breakthrough in medical field in20th century, gives organ failure patients new hope. In china, even though the time of the introduction of this technology is late, the development is fast. Just a few years, our country already has the advanced technology and there are a large number of patients needing organ transplant surgeries every year. Due to the traditional thought and the donation system, organs available for transplant are far from enough. According to the statistics, less than one percent of patients can get organ from formal channel.Compared to advanced technology, our country’s legislation on human organ crimes behind a lot. Facing the organ crimes, because of no corresponding punishment, in the judicial practice, only rely on some traditional crime is not good enough, Inhibitory effect of such crime cannot be achieved. Organ crimes not only violate citizen’s health, also seriously disturb the order of national normal management.On Feb.25th. in2011, the NPC Standing Committee has passed the Eighth Amendment to Criminal Law. This is the first time that human organs crimes are made specifically in law. From now on, this amendment has great theoretical and practical significance for containing and struggling against organ crimes. However, the key content of amendment has been virtually increased article one "organized selling human organ crime". another two principles have been reaffirmed to traditional crime in the form of "notice provision". The criminal legislation of organ crime involve limited range, weak strength, is difficult to regulate the current high incidence of organ crime behavior. In addition, in terms of article37, because there is no necessary judicial interpretation, many questions are not very clear. There is much controversy affecting the provisions applicable in the judicial practice.Based on the present and dispute of the criminal legislation of organ crimes in our country, this thesis bases on the research of the new rule of organ crime, through this research, the author expect to help using the law in the judicial practice more accurately, and provide the corresponding reference to help promoting the organ crimes legislation more reasonable and perfect, in order to better serve for containing and cracking down organ crimes task.