Study Of The Crime Of Organizing Other Persons To Sell Organs

There are a lot of difficulties and problems in judicial practice on the crime of organizingother persons to sell organs. It is necessary to explore the core components and the legalconnotation of the crime of organizing other persons to sell organs, and to put forward solutionsand new ideas to solve related difficult judicial practical problems on the crime of organizing otherpersons to sell organs. So we can offer help to optimize the explanation of criminal law and legalnorms of the crime of organizing other persons to sell organs, and to provide further effectivereference for judicial practice.The legal interests of the crime of organizing other persons to sell organs include the others’life rights and interests and the normal state order and regulation of medical supervision. Onlynatural person can be accused in the crime of organizing other persons to sell organs, but it alsoincludes the units, and when the units commit the crime of organizing other persons to sell organs,it shall be punished accordingly by the criminal law. And for the behavior and crime of organizersand organizers who assisted will be identified. Also the effect and role of medical institutions anddoctors will be analyzed in the process of organizing other persons to sell organs. The intentionalcontent of the crime of organizing other persons to sell organs is only actual intent, and the methodof presumption can be applied to confirm crime intent of the crime of organizing other persons tosell organs. In this crime human organs refer to the organ of specific functions and it includeshuman tissue and human cells. Because of the great harmfulness to public society of the crime oforganizing other persons to sell organs, the standard of organization behavior in the crime need notbe strict in accordance with the traditional sense of the "organization" type of crime, such as whenorganize other persons to sell organs once can be treated as the crime of organizing other personsto sell organs. And whether organize other persons to sell organs directly or organize to purchase then to sell organs will both be regarded as the crime of organizing other persons to sell organs.The behavior to assist the organization will be prosecuted for one’s criminal liability in accordancewith the relevant provisions of aider in the joint crime.The illegally obtaining and using behavior in the crime of organizing other persons to sellorgans should be analyzed, such as methods to pick other persons’ organs illegally, and for thosewho have been agreed to pick organs of brain death will not be punished as a kind of criminal actanymore. Picking corpse organs abide by the principle of consent, including himself before deathand his family members after death. The establishment of this crime will not regard pick or defraudorgans actually as necessary conditions, which is as long as premeditated to pick others’ organswill be constitute a criminal offence and apply to the law. There exits attempted crime in the crimeof willful and malicious causing serious injury which implicated the crime of organizing otherpersons to sell organs. So when pick someone’s organ unfinished or unsuccessfully should be asthe crime of willful and malicious causing serious injury.Through improving the subject of the crime of organizing other persons to sell organs, theaffirmation of the act to organize purchasing others’ organs and to pick organs of mental patientand the category of human organ, and to expand regulation areas of the crime of organizing otherpersons to sell organs, organ donation of the condemned and the change of organ donation concept,medical institutions and intermediary organizations strictly and institutionalization of management,and to strengthen the legislation of organ transplantation, so we can make the crime of organizingother persons to sell organs completely and perfectly. And we can provide basis and standardoperation of affirmation and the judicial practice of the crime of organizing other persons to sellorgans, and support organ transplant healthy development, and then build a better organ transplantenvironment.