The Improvement On The Legislation Of The Crime Of Organizing To Sell Human Organs

The study of this paper is to improve the legislation of the crime of organizing to sell human organs. The progress of human organ transplant is accompanied with the progress of science and medical science. The human organ transplant is not only the hope to the people who suffer organ exhausted and organ damaged, but also is important to the improvement of medical hygiene resource availability. With the application of organ transplant widely, it brings not only good points, but bad points. It causes the supply and demand of organ unbalanced, the organ values a lot and also causes the phenomenon of trading organs seriously. To this point, many countries and districts in the world has drawn up the law that is related. Some countries has stipulated the crime of trading organs to prevent the commitment. The Amendment VIII of Criminal Law of our country has stipulated the crime of organizing to sell human organs to convict the people who organizing others to sell in human organs. The paper is to analyze the content of this crime and at the same time puts forward the author’s own viewpoint of the improvement, for example, adding the unit to this crime subject, conforming the scope of human organs, refine the legal punishment, stipulate the specific standards of circumstances of aggravation and so on.The phenomenon of trading human organs now is rampant. The way to control and hit the criminality of trading human organs is to improve the law.Then we can have clear law to be based on, have clear responsibilities to be taken and make criminals be punished. I think we should combine the judicial practice with the existing law and then draw lessons from the legislation experiences of foreign countries and districts in order to put forward the suggestion of improvement.First, this paper analyzes the present situation of this crime of our law and discusses the related law on basis of the existing law. It conforms our law and puts forward the insufficient points, for example, lack of the subject of unit crime, unclear scope of human organs, broad stipulation of the legal punishment and so on. It also points out the judicial confusion of the crime. Second, this paper draws lessons from the representative countries and districts of continental law system and common law system and sum up the advanced legislation experiences. At last, the paper proposes the suggestions of improvement on the related law in our country.