A Study On Consent Of The Victim In The Crime Of Selling Human Organs By Organization

In order to attack the act of selling human organs by organization the criminal law amendment(?)added the crime of selling human organs by organization.Since this crime is closely related to consent of the victim,it is necessary to combine the theory of consent of the victim with this crime for research.On the basis of expounding the legislative background and regulations of the crime of selling human organs by organization,this paper analyzes the main theoretical issues of consent of the victim,the premise of the crime,and holds that the theoretical basis of consent of the victim is the measurement of legal interests.The reason why consent of the victim is decriminalized in our country is that there is no infringement on the object of a crime.Based on the basic theory of consent of the victim,this paper discusses the relationship between consent of the victim and the crime of selling human organs by organization.Consent of the victim does not hinder the conviction of the crime of selling human organs by organization because this crime infringes upon both personal and social legal interests.The victim has no right to dispose of social legal interests.Consent of the victim does not hinder the conviction of the crime of intentional homicide;the organ provider promises to give up the right to life and sell his/her own organs,and the organized seller is convicted of the crime of intentional homicide because according to legal benefit measurement,legal interests of life ranks the highest.The fact that consent of the victim hinders the conviction of the crime of intentional injury is based on good customs.Finally,this paper analyzes the conditions of consent of the victim in the crime of selling human organs by organization,and it holds that the subject of consent must have the capacity to make consent;the judgment of the capacity to make consent should be based on case-by-case analysis;the consent must be true,and the consent made through deception or coercion should be invalid;the consent must be made prior to organ removal;the content of the consent is the act of organ removal and its results;there are two types of consents: express consent and implied consent;the scope of consent is limited to the donor's own healthy organs.