Qualitative Research For Selling The Organ Of Trafficked Women Case

The crime of Trafficking in women and children is a common charge, but generallydoped with other related criminal behavior during such criminal acts, crime related to theidentification of factors such as crime number, leading to many controversial issues for suchcrimes in the theory and judicial practice sector. Now, with the great developing of humanorgan transplant technology and the scarce donor lead to illegal human organ trading activitiesvery frequently. Sometimes, the criminal intent changed to sale of organ from abduction ofwomen. When "the introduction of the Criminal Law Amendment (VIII)" published, providesfor the organization crime of trafficking in human organs this new offense, but as the practicea short time one crime or several crimes, this crime or those crimes and the crime number forsuch new case was inconclusive. Trafficking in women and betray the organs of the victim asa typical case researched in the paper, raised the author’s claims though researched the caserelated issue.For the focus of controversy for the four differences of opinion, the full text of aprogressive analysis from three parts:Part I: Liu should be responsible for Fan’s death? Firstly this article prove the causalityamong the Liu’s behavior and the criminal law with the Causal relationship theory, then theintroduction of objective imputation theory to prove that Liu’s behavior is Attributable to inthe criminal law.Part II: Liu on Fan’s death should be responsibility as one criminal action or cumulativepunishment? As there are two subjective criminal intents of trafficking in women and sellingof human organs, and according to the analysis of Penal Code of trafficking in women crime,believe that Liu’s behavior is beyond the elements of the crime of trafficking in women, andthe action is consistent with the another intention to commit a crime of the performancecharacteristics defined in the theory of criminal law, the exclusion of other disputed factorsshould be characterized as a crime of trafficking in women and with intentional homicide,shall be cumulative punishment.Part III: How should Liu bear criminal responsibility on Fan’s death? This partprincipally analyze how to sentencing. Crime Liu and Sun joint intention and joint actbetween the two constitutes a joint criminal. In order to accurate qualitative and sentencing to the joint criminal, the introduction of two-tier progressive classification model, firstqualitative analysis constitutes complicity between Liu and Sun conclusion,太then takinginto account the Liu is accomplices with the help of committed–that’s an accessorial criminal,and its be given a lighter punishment.