Research On The Crime Of Organizing The Sale Of Human Organs

As illegal and criminal acts,human organ trading has been existed for a long time.With the continuous progress of society,the means of crime is more subtle,more rigorous,because of its high degree of illegal benefit,social harm is great.In order to regulate these acts,the "criminal law amendment(eight)" added the crime of organizing the sale of human organs.But the theoretical research and judicial practice in the understanding of this crime and that there are still a lot of controversy,a direct impact on the implementation of the effect,so it is necessary to systematically study.This paper is divided into four parts:In the first part,through the investigation of inside and outside the region about organ crime legislation mode,combined with the sale of human organs in China's current situation,the actual results and the administrative laws and regulations to regulate the organization of the sale of human organs,and embodies the necessity of criminal law organization to sell human organs crime.In the second part,detailed analysis of the organization of the crime of the human organs of the legal benefits.First introduces the current theories about the legal interests of the different views: one is the use of the crime of illegal business law;one is the use of a single law: the citizen's personal right to health or state of organ transplantation is a complex regulatory order;legal interests,namely the two law combination.Then by comparing the crime of illegal business operation and the organization of the crime of selling human organs to deny the use of legal interests;through the interpretation of the legislative purpose and set the case to deny a single legal interest.Finally,explain their own understanding of the legal benefits of this crime: the people's health as the main legal benefits,the state of organ donation and transplantation of the regulatory order as the main legal interests.In the third part,the paper focuses on the constitutive elements of the crime of organizing the crime of selling human organs under the three hierarchy system.In the aspect of the crime should,for the implementation of the act he betrayed the organization of human organs,the organization to sell "and" organs "are normative elements,and the need to limit the scope of others.In violation of the principle of the victim commitment level,causing serious injuries the results of their own body is invalid,illegal behavior cannot obstruct,but in organ transplant situations,to admit the principle of relativity exception.In the level of accountability,the perpetrator should have the ability of criminal responsibility,the form of sin is intentional,the establishment of the crime does not need to profit for the purpose.In the fourth part,from the perspective of judicial practice of the organization to sell human organs crime accomplishment standards,for the specific circumstances are serious,causing casualties in the process of organ transplantation should be based on imaginative joinder,and analysis of common crime according to the role of common distribution.