Study On The Human Organ Transplantation In Criminal Law

This article mainly discusses the issue of criminal regulation relating to thehuman organ transplant crime. At present, our nation has made regulations of thesevere behavior relating to Human Organ Transplant mainly on the basis of the“Human Organ Transplant Ordinance” and “Criminal Law Amendment (h)”.However,there are some exceptions, such as the transaction of human organs and smuggling ofhuman organs, seriously threatening public security. These exceptions, I think, shouldbe regulated timely by the criminal law. Accordingly, I have made a relativelyintensive study on the issue of the seriously life-threatened behavior, and try toexplore the improvement of criminal regulation of transaction of Human Organs andSmuggling of Human Organs. The article has five parts:In the first part, it describes the concept of organ transplantation and its practicalimpact. The aim is to make an initial awareness for organ transplantation andunderstand the conflict between the organ transplantation and traditional culture andmodern legal.In the second part, it is mainly about a detailed analysis of the Human OrganTransplant crime. On the one hand, it analyses the crime, which is different fromgeneral crime, from the concept and feature of the Human Organ Transplant. Thecrime has its characteristics: professional, ethical and high profits. On the other hand,based on the general constituent elements of criminal law, the analysis of the HumanOrgan Transplant crime helps us have a more intuitive understanding of crime.In the third part, I inspect the actual domestic condition of the regulation ofHuman Organ Transplant. In our real life, the three common behaviors of HumanOrgan Transplant crime are: illegal harvesting, illegal transaction and smuggling ofhuman organs.The forth part is mainly about a comparative analysis between the foreign anddomestic law relating to the human organ transplant, and puts forward lessons learning worth.In the last part, from the criminal law, I state the improvement of the regulationsof the Human Organ Transplant crime. By means of the reality and importance of theHuman Organ Transplant crime legislation, I consider that the regulation oftransaction of human organs and smuggling of human organs should be added in thecriminal law.