A Study On The Crime Of Human Organ Transplant

Human organ transplant technology played a contributing role in the development of life scienceresearch and medical career, organ transplants save the lives of many organ disease. However, because ofthe serious gap between organ supply and demand amount, part of the lack of relevant systems makescriminals profitable. Sake of economic interests and triggered Human Organ Transplant increasinglyrampant crime, serious harm to the legitimate rights and interests of citizens, as well as the management ofthe medical order, With the emergence of related systems, the Human Organ Transplant crime more andmore new technology. There is a certain contradiction between the new type of human organ transplants inChina lag and crime legislation, which makes judicial practice can not be a legal basis, To resolve thiscontradiction, promulgated in2011, and the implementation of the “Criminal Law Amendment (8)”addednew human organs crime charges, But only some of the provisions do not meet the conviction andsentencing of the Human Organ Transplant crime problems can not be fully combat the Human OrganTransplant crime, must be combined with other human organ transplant system is established on the basisof the criminal legislation to reduce the Human Organ Transplant crimeplace. Human Organ TransplantCrime has been can be a good solution to the crime of organ transplantation not only endanger the lives andhealth of citizens, also caused some impact for social ethics. Still exists a great lack of legislation in theHuman Organ Transplant, therefore, I believe that the study of this topic has important theoreticalsignificance, Only by establishing a relatively complete legal system to better protect the legitimate rightsand interests of citizens, and our society will achieve greater progress.The author first introduces the range of human organs legal and human organ transplantation crimedefined and manifestations, and then analyze the organ transplant legitimate basis ie the rape of illegalityreasons, and finally put forward on the basis of analysis of the status quo of domestic and foreignlegislation for China effectively combat human organ transplantation crime legislation related tosuggestions for improvement.The paper is divided into four parts. The first part of human organ transplantation by the legal scope ofthe crime of human organs ", then accurately divided the legal scope of the human organs on the basis of the Human Organ Transplant crime defined and manifestations research. The second part of the analysis ofthe main human organ transplantation of the rape illegal reasons, what legitimacy does not constitute acrime based on the premise of human organ transplantation, I highlighted the "victims commitment" as itnegates the illegality of subject matter andits effective elements of important guiding significance for theeffective exclusion of the human Organ Transplant crime. The third part of the author collation and analysisof foreign and domestic legislation on human organ transplants, and learn from the successful experience offoreign legislation in comparative lack of relevant legislation has important theoretical significance. Thefourth part is the focus of this article. The author put forward suggestions for improvement of preventionand combating of crime legislation Human Organ Transplant. From criminal legislation combined withother brain death legislation, system of organ donation, organ source review system to effectively curb theHuman Organ Transplant crime occurred.