Research Organizations Sell Human Organs Sin

In recent years, the patients could be recovered quickly with the rapid developmentof science and technology, the human organ transplantation is one of the greatestrevolutions in medicine. However, because of the quantity restrict of donor organs,many patients dead in waiting for the donor organs, the patients and their families areeager to obtain the organs in unordinary ways. The huge profit of the human organtrading, legal loophole and the light penal punishment, the phenomenon of organ tradingis more and more critical, the organ trading agency appears and the criminal of theorgan trading is more and more professional and organization. Because of the serioussocial hazardous nature, the crime of trafficking in human organs was added in “TheEighth Amendment to Criminal Law of the People’s Republic of China” after the“Regulations on Human Organ Transplantation”had been issued and rule that somehuman organ crime would be sentenced the same as the crime of intentional homicide,willful and malicious injury and theft and insulting corpse. Without doubt, this isanother important progress in criminal legislation, however, the judicial interpretation of“The EighthAmendment to Criminal Law of the People’s Republic of China” has notbeen issued yet, it introduce some problem to the justice for judicial apparatus and theargument in the theory domain.In this paper, several famous cases and the basic problem of the crime of organtrading are investigated carefully, especially the standard of accomplishment andattempt of organ trading crime, in order to understand the purpose of legislation andapply it in judicial practice.Besides the preface and conclusion, this paper is divided into four parts: the firstpart is described the facts and argument in judicial circles of the two cases. The secondpart, via investigating the constitution and some basic problems of the organ tradingcrime, explain the eighth amendment to criminal law. The third part is discussed the standard of the organ trading crime’s accomplishment, the effect’s of the subject ofcrime and the combined punishment for several offences. The last part, propoing thesuggestion of legislation and countermeasure.