Legal Analysis Towards The Cases Of Human Organ Trade In China

It is one of the oldest universities in China. The behavior of human organs trade has a very serious social harm, it is not only a serious threat to personal rights and interests of citizens, but also it threat to the healthy development of society and even the stability of the entire social order. The amount of donation of human organs could not suffice for the demand, Therefore the behavior of human organs trade appeared multiple, and were becoming international and extensive. However, for the human organs trade, what charges should be convicting and sentencing, the judiciary has become a controversial issue. In this paper, through the judiciary on the disputy of what charge should be given on the human organs trade into the study of crime on it, for example "Beijing Case" and "Lanzhou Case". This paper divided into four parts: The first part is starting from the facts and legal analysis describe for the "Beijing Case" and "Lanzhou case", obtain the judicial controversy of such a crime, that of whether the human organs trade on such cases should be sentenced as "illegal business", or should be sentenced as "intentional assault". The second part, via detailed analysis of the controversial issues, pointed out that the charges set by the legislative environment at the time the reasonableness and legislative deficiencies. The third part, which based on the criminal law of amendmentâ…§of our country which should be implemented, analysis of the crime on human organs trade and pointed out that if the above two cases occurred in the conviction after the implementation of the amendmentâ…§. The fourth part, with references to relevant legislation, pointed out that the sale of human organs in China's legislative proposals of crime.