On The Crime Organization To Sell Human Organs

Organ transplant is a life-saving organ failure in patients with the mosteffective means. Due to the shortage of donor organs for, leading to ashortage of human organs. Driven by the desire for life and money, thecrime of illegal human organ trades emerges. In order to intensify the fightagainst such crimes, the crime of organizing the sales of human organs wasadded into China’s Criminal Law Amendment (the Eighth). At present,there is no related judicial interpretation for this new crime. Differentunderstandings of the letters of the law on this crime increases the difficultyof judicial practice. Therefore, this paper provides a judicial determinationand a systematic analysis of the crime, and discusses the various disputesabout it. Based on the results of the analysis and the discussion, somesuggestions on judicial practice of legislation concerning the crime aregiven.The crime of organizing the sales of human organs is analyzedsystematically in four chapters.The first chapter is a criminal organizationsell human organs legislative history and assessment, mainly on the countryin order to regulate human organ transplantation and then to local laws andregulations from the criminal law, to administrative regulations,administrative rules and regulations, step by step, and also a number oflaws and regulations pointed out the defects in the content, lay thefoundation for later expansion. The second chapter is to analyze theinterpretation of this crime, crime analysis is constituted. Object from the crime and criminal objective, the subject of crime, crime subjective aspectsare discussed, and the existence of many controversial points wereanalyzed and discussed. The third chapter is the sin of judicialdetermination. This chapter cited two cases and constitute the basis of thecrime, the crime of attempted consummated with this crime and the crimeof intentional injury done a detailed analysis of the distinction betweenquestions. Chapter four points out several flaws of the legislation of thecrime, and provides some suggestions to solve the problems.