A Study On The Crime Of Human Organ Transplant In China

As a landmark of medical technology, organ transplantation brings many benefits in solving difficultproblems in medical field,but it also brings many social problems and legal issues, especially under theenvironment of human organ donation can not follow the transplantation needs, organ transplantationbrings many crimes. In order to protect the lawful rights and interests of citizens, the law about organtransplantation in China has developed step by step.In our country,laws about organ transplantation beganin part of some provinces and cities,which pushed the development of the unified law in China.‘TheHuman Organ Transplantation Ordinance’ in2007is the first law about organ transplantation inChina,which concludes provisions about buying and selling human organs,removal human organs illegallyand so on.But it can not prevent the organ transplantation crimes as a administrative regulation.In order toadapt to the objective demand of the crackdown on human organ transplantation harm, guarantee theconstruction of a harmonious society, China’s Article37in the Eighth Amendment to the Criminal Law neworganization crime of selling human organs and other content, it is the first time that human organtransplant crimes brought into the scope of criminal law.This article is based on the Eighth Amendment to the Criminal Law perspective of article37of humanorgan transplantation in our country.In addition to the introduction, conclusion, references, and thanks tosome, this article will be divided into the following four parts:Part I:The overview of human organ transplantation crimes.This section will explain organtransplantation crimes from three parts:the concept, form and features.the common view is Human organtransplantation crimes is not a simple crime. It is a summary of all the crimes which related to organtransplantation.Liu Changqiu delimited organ transplantation crimes based on the whole process of organtransplantation with serious social harmfulness.This definition is exhaustive. Crime according to theirunique form of human organ transplant crimes are classified and analyzed the characteristics of the humanorgan transplant crimes.Part II: Analyzing the legislative process and current situation of human organ transplantation crimes.‘The human organ transplant ordinance’in2007is the first legislation in China about organtransplantation.‘Provisions about human organ transplantation’provides that the circumstances of organ transplantation process further.Because there is no clear accusation in the Criminal Law, theseadministrative measures do not have enough deterrent. Article37in the Eighth Amendment to the CriminalLaw new organization sell human organs, and the regulation of illegal removal organs conduct.This sectionwill focus on analyzing the content of the article37new: to sell human organs of criminal offense oforganization form, and discusses how to live organ and removal of illegal removal corpse organ for thatbehavior.Part III: The judicial cognizance of human organ transplantation.This section will analyze the criminalpattern, joint crime and accusation identify of organizing selling human organs crime and if there are anyemergency safety behavior in the acts of illegal removal human organs.Part IV: the deficiency and completing of human organ transplantation in Chinese criminal law.Thecriminal law of human organ transplantation in some other countries are more completely andmature,which can provide some suggestions to our country. The author proposed some suggestions ofadding special protection to mental patients, provision about unit crime and setting up the crime ofsmuggling human organs.