Studies On The Crime Of Organizing Sell Human Organs

With the maturity of human organ transplant operation,all kinds of crime in humanorgans is becoming more rampant,that cause a series of serious threat to people’s health,andcountry’s normal organ management system and medical order are impacted.Many countrieshave made detail laws in view of human body organ crime.China’s judicial practice in thepast,the crime of betray human organs are penalized by crime of illegal businessoperation,after the introduction of “Criminal Law Amendment (8)”organizing sell humanorgans sin was set up.The act of organizing sell human organs involves organizers,organproviders,buyers and medical personnels,and process of commission of crime iscomplicated.As the object of the crime of betray human organs,human organ should bedefined as the range of medical science and according to the possibility of the purpose ofcriminal law.The objective aspect of this crime is organizing others betray their bodyorgans,that is engaged in making others to sell their organs,forced or deceived sale does notaffect the establishment of this crime,but may also establish other crimes at the same time.Subjective aspect of this crime is direct intention,and the organizer ‘s criminal motive doesnot affect the establishment of this crime.The subject of this crime is general subject,but undercertain circumstances,the unit also should be the subject of the crime.And the purchaserobtained others’ organs illegally on price,belongs to illegal trade human organs should bepunished,in the same way medical institutions will also become the crime of complicity insome cases.In the case of admits citizens have completely rights on their body and obey crimelegal principle strictly,the commitment of citizens sell their organs in full knowledge shouldbe recognized,and this commitment can negate the organizers establish intentional homicideand the crime of intentional injury,if caused death or serious injury consequences can beincorporated into the "serious consideration".In the removal organs of persons which underthe age of18,as long as he knew or could know the victim is a minor the organizer should setup the crime of intentional injury instead of punishment in accordance with the organizationsell human organs.For the protection of human organ of mental patients may refer to theprovisions on minors special protection.To betray body organs of death,has been impossiblecause any damage to their health, this kind of behavior belongs to illegal trade in humanorgans and should set up illegal trade in human organs crime or such crime to punish in the criminal law.The standard of accomplishment for organization sell human organs sin issuccessfully sell organs final.In the process of picking organs always involves crime of illegalmedical practice,the crime of medical accident,and these crimes also should bepunished.Criminal sanctions is the last, but not the best means of crime severely,onlyestablished fair organ donation system in order to curb human organ crime.