The Analysis Of Constitution Of Crime In The Organizing Of Illegal Human Organs Sales Crime

In today’s society, human organ transplant technology has get the progress byquickly, and brings new hope for organ transplant patients. However, facing theimbalance of organ supply and demand and the lure of economic benefits, crime ofillegal buying and selling human organs appear in society. Therefore, theamendments of the Criminal law (eight) adds the organizing of illegal human organssales crime. After setting up the crime, many experts and scholars began to discussand research the theory and practice of this crime for understanding deeply. In thereal world, clause does not make provisions for terms and concepts clearly. Theblurred area brings huge challenge to judicial officers.So as a breakthrough point in this paper, this paper outlines the sale of humanorgan market realities, and further analyzes the law of organ trading behavior indifferent regions of the world, introduces the previous relevant provisions of organcrime, puts forward the necessity and urgency of setting up the organizing of illegalhuman organs sales crime. In this crime, the subject aspect exists the problem of therange of subject, analyses whether unit can be incorporate into the range of subjectand how should the unit crime be punish by combining the provisions have beenmade. After understanding different views of scholars, author puts forward ownviews and suggestion; in subject aspect, this paper analyses the form of sin of thiscrime, and investigates the purpose of this crime and whether the purpose of makingprofit can be one of the constitution of crime. The object aspect exists the problem ofdefinition of words and concepts, analyses the definition of “organization”,“others”,“human organs”, finds out the characteristic of this crime and analyses therecognized standards of these concepts by combining the views of scholars and thebasic principles of criminal law. In object aspect, this paper analyses the views ofdifferent scholars, author explains own views and suggestions by combining thestructural arrangements of criminal law and the characteristic of this crime. Aftercomprehensive analysis of this crime, puts forward proposal that should be required to improve in some aspects by awareness of this crime features. In order that thisstudy can provide reliable theoretical basis for the judicial practice of judicialofficers, and provides the guidelines direction for improving the organizing of illegalhuman organs sales crime. So that the charges will be reasonable and accurate inpractice, and achieves the effect of fighting against crime, in order to provide astable platform for our justice system.