Criminal Legal Problems In Brain Dead Organ Transplants

"Brain death" refers to the brain hemisphere, including the brain stem, the irreversible loss of brainfunction state. Only including "stem" and "brain" of the whole brain death is the most serious braindeath standard. Brain death compared with the conventional cardiopulmonary death is more complex,more scientific, also should become the new standards of death. No brain death legislation promulgatedin our country at present stage, can implement double regulation, cardiac death and brain death bypatients in choosing applicable. In brain death organ transplantation, in the case of brain deathsinteresting said, we will strictly in accordance with its meaning had to decide whether to provide organsafter death; Brain deaths in the absence of intention and cannot get to, can introduce a third partyjudgment, limited organ transplants. No brain death in our country related criminal legislation, under thecondition of the existing legal system, judicial organs need to make full use of existing in the currentcriminal law related to organ transplantation of brain death crime crackdown. To obtain human organsand use illegal means, deliberately and vital signs of the victim to harvest organs after brain death, with"intentional homicide"; Using illegal means to gather the brain dead body organs to "theft, insultingcorpse"; Medical staff in the process of brain death organ transplant serious irresponsible, bring harm tobrain death or organ transplant recipients, with "medical accident crime"; Has the qualification of theunit or individual not illegal organ transplantation activities, serious threat to the life safety and healthof patients rights, is "the crime of illegal medical practice". In the maternal brain death cases, maternaland fetal relationship is a kind of organ donation pattern; donation is a special "organ" of life. If themother was clearly opposed to continue to give birth to baby, if forced to maintain maternal vital signs,can make crime of insulting corpse. Freak with no brain no "personality", is not a legal person,transplant organs has legitimacy. Anencephaly in close relatives agreed to donate organs, harvesting theorgans of mindless oaf of behavior is not enough to murder and intentional injury.