Research On The Victim’s Commitment In Crimes On Human Organ Transplantation

The rapid progress of medical technology makes organ transplantation more and more widely used in clinic,but things have two sides,While organ transplants help people solve their health problems,they also cause some criminal problems.The ratio of organ donor to receptor is imbalanced,which causes the new crime such as the crime of organ trade.In legislation,the legislator is limited by the historical conditions when making relevant legal provisions,and does not regulate these new types of criminal behavior.In the theory of Criminal Law,although our country’s scholars have started to study the Criminal Law of organ transplantation in the 1990 s,but the research is scattered,and not deep enough,until the enactment of two pieces of legislation,which really opened the door to study the Criminal Law of organ transplantation.However,there are not many studies on the Criminal Law of organ transplantation or related to it.It is in this context that this paper first introduces the concept and legal characteristics of the crime of human organ transplantation.Secondly,it expounds the relevant legal basis of victim commitment,analyzes the concept of victim commitment,the justification,the orientation of the system and the elements of establishment.In the third part of the paper,the author introduces the current situation and shortcomings of victims ’commitment in the crime of human organ transplantation in China,and analyzes the causes of the problems.Next,the author analyzes the relevant legislation that the victims promise to apply in the crime of transplantation of human organs abroad,and draws some lessons.In the last part of this paper,some solutions and suggestions are put forward.By analyzing the illegal and criminal acts caused by human organ transplantation,and studying the theoretical basis of it——victim’s commitment,comparing the criminal legislation of other countries on the crime of human organ transplantation,the conditions applicable to the victim’s promise in the crime of human organ transplantation are improved.