| The development of modern science and technology, brought innovation of medical treatment technological.The human organ transplant medical technology developed brought good news for the general organ failure patients. The development of modern technology science as a double-edged sword, has its good side, also has its drawbacks, due to the influence of traditional ethical concept, the organs of human can be used for organ transplant operation are sought-after, bring barriers to clinical treatment and the development of medical technology; Mean while bring some new problems to our society. Because of the lack of human organs, there were many new crimes, but China still has no special laws to regulate such crimes, the original law is pale before the face of new crimes. It is a great benefit for the applicable in our country criminal justice and future legislation to study the law about human organs; it can provide legal basis for crime prevention and punishment.This paper based on case, analysis from the basic legal, use the example to analyze the present situation of our country in organ transplantation, the severity of the human organs crime in our country, the relevant laws of our country, reference the successful experience of foreign in legislation, discusses how to apply the existing laws correctly to regulate crime in case, and discussed for future relevant legislation, Give suggestion from applicable law, legislation, legal interpretation etc. in several aspects. |