On The Issue Of Criminal Law Regulation Of The Sale Of Tissue Sperm And Eggs

Influenced by some factors like environment and lives,the patients with infertility are still on the rise.But the stringent condition of Assisted Reproductive Technology(ATR)has shut the door to most of the patients.Then,under the stimulation of market demands,the transactions of human sperm and ovum are born at the right moment.The government has adopted some administrative means to investigate these illegal transactions,but the transactions do not decrease therefore.Based on its serious social harmfulness and the significance that needs to be protected by criminal law,transactions of human sperm and ovum should be regulated by criminal law.The thesis analyze the behavior of organizing the transactions of sperm and ovum,also discuss its specific connotation,behavior subject and current situation.Moreover,it analyze the necessity that integrate the behavior of organizing the transactions of sperm and ovum into criminal law,and the disputes of charge in criminal law.On the basis of the study from the legislation experience abroad,the thesis propose to establish a new crime of organizing the transactions of sperm and ovum.I hope that this can provide some practical ideas for organizing the transactions of sperm and ovum in criminal law.The thesis is divided into five parts.The first part:The survey of organizing the transactions of sperm and ovum.Analyze its implication and behavioral characteristics,and introduce its behavior subject and current situation.The second part:The Necessity to regulate the transactions of sperm and ovum by criminal law.By analyzing its serious social harmfulness and the significance that needs to be protected by criminal law,the conclusion is drawn that it should be regulated by criminal law.The third part:The disputes of charge against the transactions of sperm and ovum.There are different views in academia for what charges were considered in criminal law against the commercialization of sperm and ovum.In a hand some think that regulate with current charges to maintain stability of criminal law.In a other hand some insist to establish a special law.This thesis put forward that a new law should be set up to regulate the transaction of sperm and ovum because of the limitation in Criminal Law which like crime of illegal business operation,crime of illegal medical practice and crime of medical accident.The fourth part:The study from the legislation experience abroad.This chapter first introduces the legislative overview on the commercialization of sperm and ovum on abroad.And then analyze its selection of legislation mode,legislative levels and so on.It hopes that it can provide some references to the criminal legislation in contrast to the legislative foundation in China.The fifth part: The tentative idea of regulating the transaction of sperm and ovum by criminal law.In the selection of legislation mode,it should based on China's current amendment while setting up a new crime.Last the thesis propose to establish a new crime of organizing the transactions of sperm and ovum,and analyse the crime from constitutive elements.