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On The Regulation Of Criminal Law Of Harmful Conduct Of The Human Organ Transplantation In Of China

Posted on:2014-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:G L ZhaoFull Text:PDF
GTID:2256330425955708Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Organ transplanting technology is a product of modern science highlycombined with life care. It has not only brought the hope to millions of organ failureand organ terminator, but greatly increased the resource utilization of contemporarysocial limited health care. It is known as the "the top technology of the21stcenturyin medical". Up to2011, our country had become the second humanorgan transplantcountry in the world. And there are as many as ten thousand transplant operationsonly in the field of livers and kidneys every year. With the increase of contradictionbetween supply and demand organ transplant, organ has become a scare resource ofsociety. Obtaining organ is the only way to get his rebirth for each patient. At thesame time, the harmful conduct of organ transplant has made a large impact oncivics’ health and social order in our country. Thus, all kinds of "special" methodalso infested. In recent years, on the one hand, huge profit margins, has bred thetraditional methods such as "violence taking organs""anesthesia diddling organs"for adults, but also the new methods such as stealing the organs of premaritalabortion baby, mentally handicapped children, left-behind children, inducingpsychotic child to get the organs.In recent years, our country’s harmful conduct of human organ transplantpresents a professional, international and diversified form. It not only violates civics’personal rights and disturbs the normal medical order, then has made a big impact onour country’s Criminal law system. In2011, the "illegal transaction on humanorgans" is made by Amendment Ⅷ to the Criminal Law. In recent years, from thejuridical practice of the regulation of Criminal law system on the harmful conduct oforgan transplant, it can be seen that, the system is not perfect, not standard and thecharges are reasonable. Law is the most rational guarantee of a social order, andCriminal law on organ transplantation is even more so. Thus, only to build theCriminal law system based on the academic Criminal jurisprudence, legislativeCriminal jurisprudence and judicial Criminal jurisprudence, can Criminal law be fullof criticism consciousness and rational spirit, and can it create a measure to perfectthe Criminal law. As "the last patron saint of social justice", what an organ transplanting system should Criminal Law build and how to build? The purpose ofthe thesis is to actively explore the system of our country’s organ transplant bystudying the current situation of our country’s organ transplant field and learningfrom the Criminal legislation of foreign countries, Hong Ko ng and Macao.
Keywords/Search Tags:Organ transplantation, Harmful conduct, Value conflict, Criminalregulation
PDF Full Text Request
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