Research On The Crimes Of Organized Sales Of Human Organs

The crime of organized sales of human organs is a new crime of China’s Criminal Law Amendment (8). It is mainly fighting that the behavior of the sale of human organs. The crime of organized sales of human organs as a new crime,the content of law article is not detailed and no judicial interpretation,so there are so many opposed views of the content of the crime of organized sales of human organs even that there are a lot of controversy views. This article intends to explain the basic problem of the crime of organized sales of human organs by the constituent elements and patterns of crime analysis.The article have three parts.The first part introduces the legal protection of human organ tissue betray the crime. First introduced the present theory for different expression organization sell human organs legal interest of the crime:one is still continue to use the legal interest of the crime of illegal business; one is the use of a single law:human health or to the order of supervision organ transplantation; a complex law:the law for personal health right and the state for the order of supervision organ transplantation. Then for single use and law benefits are discussed, through the comparison of the crime of illegal business behavior and organization sell human organs crime to deny the use of law; legislation through the objective law committee of NPC to negate the single law benefits. Finally, the author explains its understanding of the organization sell human organs legal interest of the crime:the human right to health as the main method, based on the state organ transplantation for minor legal supervision order.The second part through the definition to clarify the elements of this crime elements of organization sell human organs crime subjective and objective. First of all, based on the definition of human organs in medical and law to determine the scope, including human organs, cornea and abortion fetal organs. Then based on the " organization "," sell "," others " to determine the scope of the organization sell human organs objective elements of the crime are defined:negates the possibility of non-monetary purposes once contact organs constitute a crime; sell only refers to unilateral sale, sale does not contain load among others refers only to the donor. Finally, determine the subject of the crime and the subjective elements, which is over sixteen years old and deliberately to.The third part introduces the organization crime of crime to sell human organs. First is the accomplice of the crime, defines the basic contents of the accomplice to through to our country accomplice theory explanation, further defines the criminal group in this crime, judicial determination of instigation:defines the first molecular of the crime in which members of the group and formation of active participants, which members only to set up a help make. In the film to make the face; only trigger a new law against criminal intent to produce new when an abettor, victim abetting not set up this crime. Then the number of crime. Through the comparison to the crime and homicide, intentional injury crime, crime of negligence causing death, the crime of illegal detention, forgery crime, theft crime of insulting the corpse, come to this crime and more crime in the imaginative joinder of offenses, and the concept of enactment concurrent crime implicated offense under the auspices of the crime. Finally, introduced the form to stop the problem. According to China’s criminal law on the accomplished offense, attempted offense, discontinuation of crime provisions, combined with the content to define crime accomplished offense, attempted crime and discontinuation of a crime form.