On Criminal Regulation Of Human Organ Transplantation In China

The object of this paper is to analysis the defects of human organ transplantation in our country criminal law, and put forward the method to improve the criminal regulation of human organ transplantation in our country criminal law. Based on this,this paper is divided into four chapters as follows.First chapter is based on the theory and current situation of the human organ transplantation, firstly the writer analysis the concept of human organ transplantation,define the scope of human organs, and then discusses the theory of the human body organ transplants involves disputes, and then analyzes the concept and characteristics of human organs transplantation crime.The second chapter is the legislation of foreign countries in human organs transplantation crime. Firstly the author analyzes the typical Anglo-American law system and Countries continental law system about human organ transplant crimes legislation at present, and then analyzes the characteristics of extraterritorial criminal legislation of human organs transplantation, based on this,the author try to discuss the meaning of criminal legislation of other countries to our country in the field of human organs transplantation.The third chapter discusses the human organ transplant criminal legislation in our country, analyzed “criminal law amendment(8)”,the author discuss the constitution and judicial application in order to in-depth analysis of human organ transplant crimes in our country’s criminal legislation defects.The fourth chapter is about the perfection of the human organ transplant crimes. In view of defects of the human organ transplant crimes in our country’s criminal legislation, refer to the human organ transplant crimes legislation characteristics of other countries, at the same time and combine with the reality of our country, from the add related charges, change related charges, put forward judicial interpretation,the medical institutions and doctors involved in illegal activities of human organs into sin etc, The author put forward the suggestion of perfecting our country’s human organ transplant crimes, in order to promote the improvement of the human organ transplantation in our country criminal law.