Cognizance Of The Crime Of Organizing And Selling Human Organs

Organization as the "Criminal Law Amendment (h)" additional charges the crime ofselling human organs, China to fill in the blank on the penalties for the sale of human organscriminal law legislative level, to keep up with the pace of development of the times, also inline with the current construction of a socialist society based on the rule of lawaccording tothe law’s requirements, truly the law, the law, the maintenance of the ethical values of humanrights and life has a very important significance. In this paper, Nanjing betray On the crime ofhuman organs, a case about human organ trading as a starting point, analysis organizations toclarify the Criminal Code to establish the purpose of this crime, a clear basic standards ofjudicial determination.The text is divided into six parts, a total of18369words.The first part of human organs crime Su Weijie suspected of organizing betrayed thecourt introduced, as well as the need to think about the problems listed by the case come out.The second part defines the concept of organization betrayed the crime of human organs,elaborated on the characteristics of the crime, as well as additional grounds of this crime andforeign legislation. This paper argues that organizations sell human organs crime ofinfringement object is a human right to health,"Criminal Law Amendment (h)" There is nounit listed as the Crime of the case, in accordance with existing laws and administrativeregulations can still units penalties.The third part major organizations, betrayed the analysis of the behavior and thebehavior of the object. The paper argues that the "organization" behavior in this crime shouldbe identified as directing, planning, leadership, and arrange for others or control others toengage in the behavior of human organ trading. By the organizers are not necessarily victimsmay also include organ receptors or other persons involved in the crime."Betraying" can beinterpreted as "trafficking" and the lack of any collection of human tissue will cause serioushealth and the human tissue aggregates oriented object of the crime should be identified inthis crime. The fourth part is focused on donor commitments for analysis, the paper argues that thecommitment of serious injury results in this crime is not valid, the removal of organs actsconstitute the crime of intentional injury. The case, had not made any representations, onlyclose relatives agreed to donate their organs, the removal of the behavior was not a crime.The fifth part is based on the value of the behavior of worthlessness and results of theorganizational patterns of behavior and can be fined for analysis, the behavior ofworthlessness that the crime of preparation and attempts should be punished, and the resultsworthless On the opposite conclusion, this paper holdersperspective of behavioral worthless.The sixth part of the main conclusions are given for the case and answer (thinking). Thispaper argues that the crime of selling human organs defendant sentenced organization is notappropriate, the defendant’s conduct constituted the crime of illegal business and the crime ofintentional injury. The main difference is that the sin and crime of illegal business object, andthe object of the crime, the organ is different from limiting the flow of material, the legislativecreation of the provisions of the health of the human rights crimes, and the Object of theCrime. In units violate the charges, you can refer to the single penalty system requirements,specific actors responsible behavior and sentenced to the offense, in the imposition ofadministrative penalties.