Commercial Use Of Legal Restrictions In Human Organs

Human organs as civil law object，which refer to transplant，exhibition，scientificresearch， and other activities， from a person’s own part， should include the organsand tissues， can also include blood and its products. Due to the human organs withpersonality symbolic meaning， so it’s a kind of special things，have limited liquidity.The flow of human organs including voluntary contributions and paid contributions，buying and selling， etc， but the human organ trading system of human organscommercial use， this has always been to world each country banned， our country isno exception. For better understanding of the human body organ commercial use，this paper first to commercial use of the basic meaning interpretation， for humanorgans， such as black and smuggling of human organs do not belong to thecommercial use，at the same time that the human organs for gifts，especially in thehuman organ transplant process to the organ donor， the reasonable compensationshall not be considered for commercial use is human organs. Because of the donationfor general refers to reasonable compensation，its difference from the organ businesscommercialized， voluntary donations to belong to a noble moral behavior， moreconsideration from spirit. The so-called reasonable compensation is not required tobuy organs of the consideration paid，but this as the carrier，to the donor voluntarydonations behavior positive and encouraging. Reflects the social mutual aid，and itsessence is a kind of moral behavior. Based on the source of human organs is divided into vital organs and body organs，to present the source of human organs type，causethe human body organ shortage situation reason and organs of executed prisoners candonations and so on， and believes that death because of the person in a state ofcustody，it is difficult to determine the authenticity of the ‘voluntary’，so the death fororgan donation a negative attitude. Then， based on the use of human organs ofdifferent types and divided into medical type organs， scientific research of humanorgans and exhibition sex organs to discussed different types of human organs of thestatus of the commercialization. Medical sex organs commercial use is mainly refersto the existing in reality the sale of organs and release sale and purchase of humanorgans advertising behavior， and the research of human organs commercial use isrefers to the medical colleges and universities through the purchase of human organsfor scientific experiment or will originally used in scientific experiments of humanorgans in activities，exhibition sex organs commercial use is mainly refers to， for thepurpose of making profits，commercial operation mode will human organs in publicexhibition. By understanding the human organs commercial use of the reality of thesituation， this paper will focus on the human organ transplant based on theperspective of human organs on commercial use is legal restrictions， mainly fromorgan transplantation should be punished by medical technology and civil law limitsto this. Then this paper and from the commercialization of human organs by foreignand China’s public order and good principles on human organs to commercialrestrictions， in China for thousands of years by the influence of Confucianism，especially“body hair skin，he parents，not damage”，“born to full skin，death to thempeople to body organs with the fear of mood，don’t allow segmentation”，flow，etc.This article from the perspective of the criminal law on the commercialization ofhuman organs by the limit， the criminal law amendment (eight) new charges，thecriminal law of the People’s Republic of article two hundred and thirty-four of thearticle organization sell human organs the establishment of sin.