On The Offence Of Organizing Others To Sell Human Organs

The organized crime of selling human organs is now only a sample counts with no judicialinterpretations, thus becoming increasingly controversial both in theoretical research andjudicial practice. In addition, criminal regulation on illegal trade in human organs is still shortof systematic study. To solve these issues, we firstly analyze the law itself, and then proposesthe own view on controversial opinions about the issue of the organized crime of sellinghuman organs in practice of justice. Finally, by using comparative analysis method, we studythe legislative materials on the organized crime of selling human organs at home and abroad,and present our remarks on the improvement of legislation and the establishment ofsupporting measures in this crime.The thesis consists of three sections. An overview of the current situation of illegal trade inhuman organs and its related legislation is introduced in Section one, which lays thefoundation for the development of this thesis. The legislative significance of the crimediscussed in the thesis is also stated in Section one.Section two is divided into two parts. A brief analysis of the concept of the organized crimeof selling human organs and its constitutive requirements is given in the first part. We presentthe dispute on the constitutive requirements of this crime in Chinese academic circles and putforward our own views in this issue. Judicial determination of the organized crime of sellinghuman organs is discussed in the second part of Section two. Based on the constitution of acrime, we make a detailed analysis on the problems of the crime and non-crime, this crimeand other crime and the criminal pattern of this crime, which makes the crime more specificboth in theory and practice.A few flaws of this crime legislation are discussed in Section three. By drawing on theexperience of extraterritorial legislation, we propose improvement suggestions on legislativeperfection of this crime and the establishment of regulation measures for illegal trade inhuman’s organs.