A Discussion On The Crime Of Organizing Others To Sell Human Organs

In 2011, Amendment to Criminal Law(the Eighth) adds the identification of crime that organizing others to sell human organs in the Article 234 of the Criminal Law, which kicks off the precedent for our country’s criminal sanction against the illegal human organ transplant. However, the legislation on the crime is not perfect yet. This paper conducts an analysis of the current legislation status and constitutive elements of this crime by collecting and sorting of several typical actual cases in judicial practice after 2011. And also with the reference from some foreign legislations,it proposes to add the medical units as the criminal subjects,identify the indirect intention as the subjective elements and broaden the protecting range of human organs related to this crime. It also explicitly classifies agent conducts as a kind of organizing behaviors, changing the “sell” into “trade”when it defines the crime. Meanwhile, the paper sets up the nature of this crime as the conduct crime instead of absichtsdelikte and clarifies the criteria for the degree of severity.