On The Criminal Law Regulation Of The Crime Of Human Organ Transplantation

In recent years,human organ transplantation technology has played an irreplaceable important role in the medical field,providing indispensable life science and technology for human development.However,because the organ source of organ transplantation in hospitals in our country basically depends on organ donation,the social demand for organs far exceeds the supply.Moreover,there are some loopholes in the relevant system of our country,which makes illegal transplantation of human organs can make the suspects obtain huge illegal income.Therefore,in recent years,reports on human organ transplantation crimes have increased,and crimes have become increasingly rampant,seriously endangering the legitimate rights and interests of citizens and the state's regulatory order.In 2011,China promulgated and implemented the Amendment to the Criminal Law(VIII)(hereinafter referred to as the Amendment),which for the first time stipulated the related charges and criminal acts of the crime of human organ transplantation.But because of the new type of crime and the lag of law,despite the above provisions,the criminal law is far from enough to contain the rampant phenomenon of illegal violations of human organs.There are obvious problems that can not be connected between legislation and the needs of actual investigation,arrest and trial.In the aspect of organ transplantation crime,there are some problems in our criminal law,such as the narrow scope of subject,the vague object of crime and the insufficient objective way of behavior.For the above problems,the author's views and suggestions are as follows:In view of the narrow scope of the main body of organ transplantation crimes,criminal responsibility should be linked with the unit,not only punished by fines.Medical institutions that commit crimes may be punished by referring to the qualification penalties prescribed by foreign countries,restricting their access qualifications and banning their medical qualifications.As for the ambiguity of the object of crime,because the definition and scope of human organs are not stipulated in our criminal law,the author believes that human organs in the sense of criminal law are non-renewable,and they are human tissues that can have irreparable and serious consequences for human health after being removed;the model of human organs in the sense of criminal law Compared with the category of human organs stipulated in the Ordinance on Human Organ Transplantation(hereinafter referred to as the Ordinance),the cornea of the eye should belong to the category of human organs.At the present stage,bone marrow,blood and human cells should be compared with the provisions of the Ordinance,but not included.On the issue of the lack of objective provisions on the behavior mode of organ transplantation crime,the provisions of our criminal law can increase the restrictions on the following behavior modes: the act of smuggling human organs,the act of providing services for human organ crime,and the act of not informing the relevant information of human organ transplantation.The above acts are extremely frequent and dangerous in such crimes.On the protection of human organ donors,the criminal law can provide special protection for mental patients and death penalty criminals by comparing the protection of minors.