Research On The Criminal Law Of Human Organ Transplantation In China

With the development of science and technology,human beings have been able to extend the life and cure diseases by means of organ transplantation.However,this technology has brought us a lot of ethical,legal and other aspects of the problem,and even criminals through the sale of human organs to obtain illegal benefits.At present,the law on the protection of human organ transplantation in our country has been developed from the "Regulations on human organ transplantation" and is precisely regulated in the criminal law amendment(eight)1.Illegal human organ transplantation has seriously affected the stability of society and the legitimate rights and interests of citizens,and created a serious personal injury.However,there are still many deficiencies in the legislation of human organ transplantation in our country,which has a certain gap with the legislative protection of neighboring countries such as South Korea,Japan and other countries.This article from the concept,the human organ transplant crime characteristics,harmfulness and other aspects of the introduction,from the perspective of domestic and international vision and other aspects,carries on the analysis to the domestic and foreign legislation,combined with other countries and regions of the world advanced legislative experience to be explored,as follows:The first part is an overview of human organ transplantation,defines the meaning of human organ transplantation,and analyzes the social problems caused by human organ transplantation,and analyzes the necessity of criminal regulation.The second part summarizes and analyzes the regulations of human organ transplantation crime in our current criminal law in accordance with certain logical order,and puts forward some existing problems according to the current legislative situation.The third part gives a brief introduction of criminal legislation abroad,and extracts some experiences and lessons which can be reasonably drawn from china.The fourth part of the second part summarizes the analysis of the legislative loopholes,gives some countermeasures and suggestions for improvement.The purpose is to provide a shallow reference for the legislation of the human organ transplant crime and the perfection of the related system.