Research On The Crime Of Organizing To Sell Human Organs

In Amendment to Criminal Law (VIII), legislation of organizations’ selling human organs is worthaffirmation, but the provisions are too obscure, and many issues need to be further untangled. Startingfrom the legislation of this crime into Criminal Law, this thesis tries to explore the intention oflegislators, and combined with specific cases, the thesis further analyzes the three items regulated in thelaw. Furthermore, it discusses several important issues about the determination of human organ crime inCriminal Law, based on which, some suggestions are put forward to improve the issues.This thesis mainly includes four parts:Part one mainly introduces the background of the legislation of human organ transaction activitiesinto Criminal Law. In the transformation period of society, contradictions in various aspects are quiteprominent and contradictions in people’s livelihood are particularly worth our attention. That is thesocial background. Illegal human organ transactions are increasingly wild in recent years and theexisting administrative legislation is insufficient to regulate them. That is the background of reality.Organizational behaviors play a key role in human organ crimes, but they are not effectively regulated.Thus, in order to tighten the criminal net of justice, moderate incrimination is necessary. That is thebackground of legislation.Part2mainly analyzes Provision37in Amendment to Criminal Law (VIII). It respectively analyzesit by combining with the content of three items. In the first item, it is mainly about the interpretation ofhuman organs,“organizational” behaviors and selling behaviors. Human organs are only limited toorgans with independent functions;“organizational’ behaviors are only limited to the behaviorsimplemented based on peaceful methods; selling behaviors are not equal to marketing, exclusive of thebehaviors of purchasing and selling. The second item mainly analyzes “agree”,“cheat, force” and legalnature etc. The third item mainly analyzes the range of “near relatives” as well as the meaning andmethods of “agree”.Part3is mainly about several problems in determining the crime of organization’s selling humanorgans. By combing with specific cases, it discusses five major issues including unite crime, joint crime,accomplishment criteria, crime distinction and the agreement of victims. Among them, unit crime andjointly crime were seldom mentioned is the past. We believe that unit crime is of reality and should bestudied. Though it is not included in human organ crimes, it can be disposed according to the crime ofillegal business operations. So there is no need to legislate again. The issue of victims’ agreement wasalso seldom mentioned in the previous research, and this thesis will pay certain attention to it.Part4offers perfecting suggestions to the above problems. Aiming at the legal provision andrespectively from the aspects of criminal justice, criminal legislation and criminal policy, it analyzes themajor problems in affirming this crime, and offers perfecting suggestions in legal practice, legislativeproposal and integration of criminal law.