On The Criminal Law Regulation Of Human Organ Transplantation

As a major breakthrough in the field of medicine in the20th century,organ transplant technology arouses a variety of social problems,while it continues bringing the benefit to human.In particular the rampant crime associated with human organ transplantation increases day by day.Amendment Ⅷ to the Criminal Law was promulgated in2011,China’s Criminal law set the act of organizing the selling of human organs in human organ transplantation crime as a separate conviction. Article37of Amendment Ⅷ to the Criminal Law involves four counts:crime of organizing the selling of human organs, crime of willful and malicious injury, crime of intentional homicide and crime of stealing or insulting the corpse. This paper presents the loophole which prior criminal legislation left in the field of human organ transplantation crime, and the amendment which makes the act of organizing the selling of human organs as a separate conviction for the first time, providing a clear legal basis for the fight against the increasingly rampant human organ transplantation crime. However, in the Article there are still many existing problems about human organ transplantation crime, of which some legal concepts are inconsistent with other departments of criminal law, while the additional charges still can not fully respond to our increasingly rampant crime associated with human organ transplantation, and it lacks the special protection of mental patients; the unit is also not included in subject of human organs crime. To improve criminal legislation related to the human organ transplantation crime in China, we should make the introduction of relevant judicial interpretations to clarify criminal law related concepts and criminal liability, and attach importance to the protection of mental patients.In respond to a variety of human organs crime, we should set corresponding charges and legal punishment to regulate this type of crime more fully and effectively.