Organ Transplantation In Our Country Criminal Law Study Of Crime

In march, 2007, premier wen jiabao of the state council issued the seate council no.491,our country introduced the "Human Organ Transplant Ordinance", which formulates the illegal removal of organs from people, body and minors should be punished by criminal law, but it is out of the line with the criminal law of China. What’a more, some sensitive issuses such as the sale of human organs is not involved in the Criminal Code at all. And, "the crime of illegal medical practice" the current Criminal Code provides does not include the main of unit, but "Human Organ Transplant Ordinance" provides that the implementation of organ transplants in medical institutions must be under permission and after registration. Then, when damages caused by an organ transplantation which is implemented by the medical institutions which does not have the statutory qualifications. The existing criminal law can not regulate the institution reasonablely. Therefore, the author proposes the crimial law should addit new charges as follows: “illegal harvesting of human organs”, “illegal harvesting of body organs”,“ smuggling and sale of human organs”,“advertise for organ transaction”,and addit unit crime of “illegal medical practice”. This article reads as follows:Chapter one is an overview of the paper, it gives a basic instruction of the concept of crime for organ transplants and how the current crimial law regulates it. Based on the status of organ transplantation crime, the author divides it into tree kinds: violation of the Voluntary Principles, commercial and the type of organ transplants without qualification. This part also analyses the deficiencies and shortcomings of current criminal law in regulating organ transplantation.Chapter two targets on the detailed analysis of the legitimacy of organ transplants criminal law, namely from the theoretical and practical aspects to discussing the basis of criminal law regulation. From the theoretical level, organ transplant related harm behavior has the serious social harmfulness, organ transplants of criminal law and in accordance with the tolerance principle in the criminal law. From the point of practical value, crime of organ transplantation, it is necessary to criminal law to regulate the common criminal law is to establish an important content of criminal punishment mechanism, organ transplantation and organ transplants of criminal law regulation in accordance with the international development trend of the criminal legislation.Chapter three is mainly on the defect of the organ transplantation criminal law regulation and on the ways to perfect in our country. The author provides that, in addition to fully utilize the existing criminal law provisions, we should also amend the Criminal Code. This chapter gives an analysis of the behavior, conviction and sentencing of the crime of organ transplantation, as well as an analysis of the improvement of criminal law one the aspact of the crime of organ transplantation. There are two ways to settle this problem. First, some appropriate changes to the constitution of crime that related. Second, the addition of new charges. This chapter also gives advices on the designs of rules of the new charges and the locations in the sub-part of the criminal law of the new charges.