Research On Organizational Selling Human Organs

With the development of medical technology,organ transplantation technology is becoming more and more mature on a global scale.The maturity of this technique has led to the loss of some of the organ function of the patient to see the hope of regaining new life,that is,through human organ transplantation technology to obtain new organs in order to achieve the purpose of prolonging life.But the attendant side effects can not be ignored,because the demand for organs far more than organ supply,resulting in a large number of illegal trading in recent years,organ crime.In order to combat crime,"criminal law amendment(eight)" additional organization to sell human body organs of a crime,against human organ crime played a certain regulatory role.However,due to the crime only set a simple crime,there are still many places still need to consider.This also makes scholars in many scholars competing to discuss.In this regard,this article through the study and comparison of various academic point of view,analysis of the provisions of the law itself,and the crime of this crime and the crime in the judicial practice of the controversial problems encountered in a systematic study.In this paper,comparative analysis,semantic analysis and other research methods,by reference to Japan,Germany and other countries on the legal regulation of human organ trading,combined with the characteristics of the phenomenon of human trafficking in China,multi-angle,multi-level organization of human organs The judicial application of the crime to explain and analyze,through the behavior of the social harm and behavior of the person's physical risk of the size of the investigation,analysis of whether such acts constitute a crime,constitute what crime,should be given what kind of punishment,the penalty should be how to implement And make recommendations on the relevant legislation.This paper is divided into four parts:the first chapter is the introduction,put forward the purpose and significance of this paper,research methods and content.The second chapter mainly studies the characteristics of the crime constitution of the crime of selling human organ,and straightens out the existing laws,administrative regulations and contents of the organ transplantation problem in our country.The third chapter introduces the case of the defendant Wang Haitao to collect the defendant Zhang song,Xu hao,Sun feng,organize others to sell live kidney case,put forward the controversy of the case points,that the crime of the accomplishment of the organization is to sell the behavior of the completion of the standard?Or the actual extraction of the human body as the standard;the victim's commitment to injury is valid?Whether the victim made a mistake for the error made by the commitment is effective;case of Zhu Qirui by the defendant after the solicitation of their own behavior and how to determine whether it should be identified as the organization of the sale of human organs in the organization of betrayal behavior.Chapter 4 analyzes the controversial issues raised in the previous chapter.The author holds a different view of the academic scholars,and makes a comprehensive comparative analysis,and combines the theory and the practice of judicial practice,put forward and elaborate the author's point of view.