The Study Of Criminal Law Of The Human Organ Transplant

The appearance of organ transplants not only brings the majority of patients forhope and vitality, but also made great contributions to the development of humanmedicine, however, there is always the two sides, organ transplantation noexception. As organ transplantation is widely applied, and spawned a series of organtransplantation harmful behavior, including the trading of human organs, illegalremoval of human organs, illegal use of the behavior of cadaveric organ andsmuggling of human organs behavior. The generation of these harmful behaviorcaused a major threat to the lives of citizens the right to health and social stability.Countries and regions in the world have passed legislation on organ transplantationharmful behavior regulation, some countries have also devoted to the specific offenseof organ transplants in order to better combat and curb such crimes.China is no exception, first issued in2007," Human Organ TransplantOrdinance ", but there are many disadvantages of this Ordinance, a lot of content onthe organ transplant only provides for the principle, and there is no specificapplicable requirements. Can not find the specific implementation based on judicialpractice applicable and require organ transplants more general crime, criminal lawconvergence. In2011, China promulgated the " Criminal Law Amendment (eight)"increase in the crime of organ transplants, but organ transplant crime is limited to theprovisions of Article37of the criminal eight amendments. In addition, the lack of brain death legislation is not effectively regulate organ transplants one of the reasons,require organ transplants in China death row organ donation system is imperfect isbecoming a major problem. Visible in the specification organ transplant legislation,China still has a long way to go.This article is divided into five chapters, the first chapter is an overview of theHuman Organ Transplant, including an overview of the history of human organtransplants, the connotation of human organs and legal property; Chapter IIcomparative analysis of the current situation of the domestic and foreign organtransplant legislation, as well as our current organ transplant the current situation andthe plight of legislation, laid the foundation for China ’s organ transplant legislation isperfect; Chapter Ⅲanalyze the behavior of the harm which caused by the HumanOrgan Transplant, and then summed up the characteristics of the organ transplantharmful behavior through the analysis of the behavior of these hazards; Chapter IVHuman Organ Transplant harm criminality of the act of the necessity and feasibleanalysis; Finally, suggestions and ideas to improve China ’s organ transplant criminalregulation, Legislative Comments on the provisions of the existing criminal law,Penal Code proposed suggestions for improvement, And summarizes the currentstatus of legislation on brain death standard to provide a reference of brain deathlegislation, but also the status of the current death row organ donation and putforward a number of legislative proposals. The last part is the conclusion, on thepoint of view of this paper are summarized.