With the rapid development of economic society and the rapid development of modernscience and technology, organ failure patients may by seeking the human organ transplanttechnology to recover, this undoubtedly give many patients brought the Gospel, let them seethe hope of new life. Human organ transplant this great medical technology has been hailed asa\"medicine\" at the top of the21st century, it is a major breakthrough in medicaldevelopment in our country, and in our country is of epoch-making significance for thedevelopment of modern medicine.Along with the progress of organ transplant technology, produced a crime of organs inour country, it as a new type of crime, mainly is the human body and the organs in the body asthe object of crime. For this kind of serious infringement of citizens’ body and health, andeven the behavior of the right to life, in the law of the People’s Republic of China criminallaw amendment (eight)\"(hereinafter referred to as the\" criminal law amendment (eight)\")not issued before the legislation did not make special provisions. On February25,2011, the11th National People’s Congress standing committee meeting19passed the\"criminal lawamendment (eight)\", which specifies the organization crime of selling human organs, andorganization to others sell human organs act, without I agree to take the body organs, gatherthe people under the age of18years of body organs, force or cheat others donate organsbehavior punishment, this is our country for the first time, the human organ transplant crimeson the law, our country for the future of the judicial application provides a clear legal basis.Although in the law on the organization in China sell human organs, but there are someproblems in the legislation and judicial needs further discussion, this is the purpose of thiswriting.This article besides the introduction and conclusion, is divided into four chapters: thefirst chapter, from the concept of human organ transplantation, and discusses the legalattribute of human organs in our country, the question of whether or not to can constituteobjects of civil law in our country, the scope of human organ transplantation in our country isanalyzed, expounds the status quo of human organs in our country criminal law regulation;The second chapter, the investigation on human organ transplant crimes outside countries andregions in the legislative provisions and judicial determination, analysis and draw lessonsfrom foreign mature legislative experiences, provide a reference for the future of criminallegislation and judicial; The third chapter, analyze our country human organ transplant crimesin criminal legislation and criminal justice problems; The fourth chapter, the summarizationhuman organ transplant crimes in our country, on the basis of legislative and judicial problems,put forward perfect transplant human organs in our country criminal law regulationSuggestions. |