On The Cirme Of Organizing To Sell Human Organs

In recent years, with the development of organ transplantation technology, more andmore patients set their hopes on organ transplantation to be cured. At the same time, the greatcontradiction of organ supply and demand promotes the sale of human organs. The acts aboutillicit trafficking in human organs are increasingly organized, professional and intelligent,which has brought serious harm to society. Based on this, China’s national legislation addedthe crime of selling human organs, setting up the crime of organizing to sell human organsand the related acts constitution the crime intentional assault intentional homicide,theft, thecrime of insulting the body. It has opened a new chapter of protection of human organs.However, the criminal law on the crime is simple, so the theories of the crime arecontroversial. For the reason, it is necessary to analyze the controversial point of the crime.I take the analysis by synthesis method, the interdisciplinary analysis method, correlationmethod and case analysis method to write the thesis. The thesis includes four parts.The first part is an overview, mainly on characteristics, types and implementation of theaction about the crime. The characteristics of the crime are organized, professional, intelligent,secretive and controversial on ethic. The types of crime are organized crime and unorganizedcrime. From the reality, the law, system and technology four aspects, analyzes theimplementation of the crime. Provisions on organ trafficking crime in foreign countries areintroduced and the legislative process about this crime in our country is expounded.The second part is constitutive requirements of the crime. Criminal object, crimeobjective aspects, subject and the subjective aspect are analyzed. The object of the crime is acomplex object, which include the rights of citizen’s body and health and the normal order ofadministrative organ transplantation. On the objective aspect, the crime organization meansinclude coercion, but not include deception. Intermediary introduced behavior only play adecisive role on organizational activities can be identified as organizational behavior. Humanorgans include corneal, limb bones and other organizations. Organ donor can only be a victim.It is not the crime accomplice. When the organizers have reasons to believe that the donorsare not minors, the minors can be the donors in the crime. The subject of the crime is a nature person, and the subjective is directly intentional. Whether for profit does not affect this crimeis established. When the legal interests are violated constitutes the crime. Crime numberquestion depends on the specific situation.The third part is the cognizance of the crime, including the crime form and thedifferences between the crime and the related crimes. In the crime form, the completed formand the crime number shape are discussed. When the criminal actions lead to the actualdamage, the actions are completed. As for the crime number form, depends on the differentcases. The differences between the crime and the intentional injury, the intentional homicide,the theft of insulting corpse are concluded.The forth part is the perfection of the crime. Criminal legislative suggestions arepresented which include adding the subject of unit crime, adding the condemned protectiveregulations, adding the crime of mediation in human organs’ commercial trade and the crimeof trafficking in human organs, perfecting the legal punishment. Improve the system of humanbody organ donation and eliminate phenomenon of commercial trade in human organs fromthe source.