The Perfection Of Criminal Law Punishment On Human Organ Transplantation In Our Country

The development and maturity of human organ transplantation technology has broken through the methods of traditional medicine for disease treatment,brought new hope to many patients who have been sentenced to death due to organ failure,and set off a revolutionary movement in the medical community.However,the emergence of new technologies also inevitably brings many problems such as moral and ethics.Because organ transplantation technology is related to human health,it has caused endless number of crimes.The lagging nature of the law and social history have made it impossible for the criminal law to fully regulate the new types of crimes caused by organ transplants.Some blank areas still need further regulation.The "Criminal Law Amendment(8)" newly established the crime of organizing others to sell human organs.The "Criminal Law Amendment(9)" changed the crimes of theft and insult to theft,insult,intentional destruction of the body,bones,and ashes.China's criminal law is continuously improving the crimes of organ transplantation,but for now,it is clear that the provisions of the criminal law cannot cope with the endless variety of new forms of crime,and there is still a gap in legislation.China's criminal law punishment of human organ transplantation crimes needs further improvement.The social harm caused by human organ transplant crimes has become more and more obvious,and it has also brought great challenges to the criminal law.This article,taking a series of crimes caused by human organ transplantation as background,analyzes the provisions and deficiencies of the criminal law of this area in detail,and analyzes and comments on the provisions of extraterritorial criminal law on organ transplantation crimes.In order to do our utmost to provide practical advice on how to regulate such criminal crimes in China.This article starts from four aspects: The first part starts with the overview of human organ transplantation,and introduces the concept of human organs,the characteristics and forms of human organ transplant crimes,and has a basic understanding of organ transplantation crimes.The second part analyzes specifically the criminal law provisions and provisions of the current criminal law in China on organ transplantation crimes,and it analyzes in detail the crimes involved in such crimes,and it analyzes the shortcomings of the current criminal law system.The third part mainly solves how the extraterritorial laws regulate the organ transplant crimes and makes a simple appraisal,which provides an argument for making up for the lack of such criminal provisions in our country's criminal law.The fourth part undertakes the above and the author puts forward his own suggestions on how China's criminal law should be improved in the crime of human organ transplantation.