Regulation Of Criminal Law On The Human Organ Transplant Crimes

Human Organ Transplant Crimes are of a new type of Criminal offence emerging with the wide-spread of the organ Transplant Techniques in21st Century. Human organs are the important carriers of both Right to Life and Health. Organ transplant brings many patients suffering from organ failure hopes and possibilities of recovery. The shortage of organ supply contrasts very sharply with the urgent demands of a great number of patients, such an asymmetrical supply-demand situation has given rise to many related criminal offences. In order to harvest illegal profits of great quantity, many lawless people choose to offend the criminal law by engaging in illegal activities such as Human organ trafficking, organ stealing and etc. Such pursuits of illegal returns have even built up a villainous chain of human organ transplant crimes, which has posed great threats to people’s life and health security, as well as the sound social orders.In order to punish and deter such Crimes, many foreign countries, earlier than us, have already made some legislative efforts to regulate, with Criminal Law Efforts, illegal human organ transplant activities, such as the trade of human Organs, illegal removal of human organs, organ transplants without legal qualifications, organ trafficking and etc.Item37of the "8th Amendment to the Criminal Law" issued in2011has its special provisions on criminal offences related to human organ transplants, which is a milestone for the development of criminal law regulations with respect to human organ transplants. Many pernicious cases occurred since2012have become the focuses of the social concern, such as the largest scale kidney selling Case happened in the nation and the kidney selling case of a17years old juvenile. Such cases, to certain extent, reflect the embarrassing situations of the insufficiency in Criminal law regulation and enforcement against such issues. Consequently, some additional researches have to be conducted for the sake of the criminal law regulation improvement.By applying research methods of making summaries, conducting comparative analysis and so on, this paper tries to analyze issues such as the legal attributes of human organs, the principles on human organ transplants, concepts and definitions of human organ transplant crimes, the oversea practices on organ transplant legislations, the current situation of China’s criminal law provisions and regulations of human organ transplant crimes and etc. Based on the results of the aforementioned analysis, this study holds the conviction that we should usher in the successful oversea experiences, integrating such experiences with our practical situation, so as to make further progress in the development of organ transplant related regulations of the criminal law. Such progresses are supposed to be made in aspects such as prompt issues of judicial interpretations in this regard, reinforcements of the special cares and protections made for the mental patients, addition of the human organ transplant related Organization Crimes, addition of the new crime of conducting human organ transplant operation without legal qualifications, as well as modifying the legislation mode with respect to such crimes and etc. Through the analysis and discussions in that regard, this paper attempts to find out the effective ways to achieve better regulation and crack down on human organ transplant crimes, with the purposes of better safeguard Citizens’life and health, protecting the legal and reasonable order of the human organ transplants.