On Legal Law And Regulation Of Human Organ Transplant Crime

As an advanced medical technology in our country at present,human organ transplant technology is a clinical medical treatment which has been widely applied. But with the rapid development of this technology, it has brought many contradictions and problems. Due to the rapid development of technology of organ transplant, organ donation management system and related laws and regulations have not been consummated timely. Under these circumstances, the supply and demand of human organs become extremely imbalanced, which induces many criminal offences. Because of lack of the regulations of human organ transplant crimes in the criminal law, the crimes can not be properly regulated during the judicial practice, which also makes the human organ transplant crimes become more and more rampant. Therefore, how to prevent such crimes from happening frequently is a new challenge to our criminal law.The human organ transplant crime, as a new type of crime, is witnessing a rapid growth and escalating rate, and it has had a considerably size in our country. The human organ transplant crime is a crime that causes serious infringement of the legal rights and interests of citizens, social medicine order and management system. Currently, there has been no specific reference to this type or crime in the Criminal Law of China, which has resulted in the high rate of the human organ transplant crime, still rampant despite repeated prohibitions. This paper starts with the characteristics of the human organ transplant crime, studies the criminal phenomena of the crime, and sums up our country's efforts to intensify criminal laws against the human organ transplant crime. Through analyses of the legislative defects against the human organ transplant crime, it puts forward some of the author's own opinions in hopes of some help in curbing the human organ transplant crime.The paper is divided into three parts:Part I is the preface. In this part, the author describes briefly human organ transplant and the human organ transplant crime, and sums up the problems of the human organ transplant crime.Part II is the paper proper. It briefly describes the human organ transplant crime, analyzes the characteristics of the human organ transplant crime, and sums up the necessity to perfect legislation against the human organ transplant crime. This paper focuses on the legislative status of human organ transplantation, and, through researches on the legislative status, analyzes the human organ Transplant crime. It also sums up legislative defects against the human organ transplant crime, and makes some suggestions.Part III is the conclusion, which offers a concise summary of the main ideas of the paper and the significance of the research.To the author, in order to prevent the human organ transplant crime from occurring, the key lies in the improvement of the criminal legislation. It should take the human organ transplant crime into consideration of the legislation. Our country's criminal law should add relevant provisions on the crime and criminal penalties. Only in this way can we effectively curb the human organ transplant crime.