The Criminal Research On Several New Problems In The Development Of Medicine

With the development of modern medicine, a variety of new medical technology which does not against the diseases is widely used in medical field. Organ transplantation, surrogacy and cosmetic surgery are all closely related to human life. In recent years, the disputes involved in these three medical technologies are occurred frequently. These disputes challenge the lagging medical crime legislation and bring a lot of new urgent problems. This paper focuses on the current situation of these three medical technologies, analyses their penal code application and gives some criminal countermeasures and improvement suggestion.The first chapter is research on the organ transplantation in criminal law. The development of organ transplantation in China mainly experiences three periods. During these three periods, the black market for organs never stops, but it increased greatly. The underground trade in human organs has the characteristics of dimension, high-tech and hidden. This chapter analyzes the specific criminal law application of living organ transplantation, corpse organ transplantation and human organ commercialization. And it also discusses the legislative defect on the organ transplantation crime. Using the experience of other countries for reference, the author proposes several suggestions.The second chapter is research on the surrogacy in criminal law. Surrogacy is a deriving technology of artificial reproduction. In recent years, surrogacy has been abused recklessly. This has caused the occurrence of many kinds of illegal surrogacy. However, the legislation on surrogacy in China is still in the level of health administrative legislation. There is a breakage between the criminal legislation and the health administrative legislation. Consequently, a complete illegal surrogacy profit chain has been formed. There are different kinds of surrogacy. According to the different types of surrogacy, the criminal law should be treated differently. On the premise of admitted the legitimacy of free gestational surrogacy, the other surrogate behaviors should be adjusted by the criminal law. The lagging criminal law makes the penalty appliance of surrogacy in difficulty. Based on the analysis of the necessity of the criminal law regulation, the author puts forward some suggestions on surrogate crime of criminal law in China.The third chapter is research on the cosmetic surgery in criminal law. In recent years, more and more people want to reshape their appearance and figure through cosmetic surgery. However, the chaos in cosmetic market makes a lot cosmetic disputes. These disputes challenge the social ethics and legal system. With the development of the medical field, all kinds of new medical technology are applied in human life gradually. The connotation of medical action is no longer confined to clinical disease. The generalized medical behavior concept is more appropriate. The nature of the plastic behavior belongs to medical practice. With the plastic behavior of legitimation conditions shall be excluded from the criminal circle. Due to the interests, a large number of the illegitimate cosmetic surgery has been emerged into the society. Based on the analysis of all kinds of illegitimate cosmetic surgery, the author puts forward some criminal law countermeasures to strengthen the criminal law protection of cosmetic surgery.