| As "the top technology of the 21st century in medical ", organ transplant has made great contribution to the progress of science career and rapid development of medical cause, then, the scientific research and clinical application of Organ transplant saved countless patients dying for organ failure.But everything has two sides. Such technology not only bring gospel to human being, but also triggered a lot of legal problems. With human organ donors exiguous and the purchasers many, the source of Organ donor has become the urgent contradiction to be solved during the Organ transplant clinical stage.Because of resource scarcity of donor organs, which decided the donor organs can bring higher profits, caused many illegal behaviors. Such as buying and selling human organs, stealing the living and the body organs, smuggling organs among different nations, and even using human organs for illegal experiment. These behaviors, which violated the health rights between the organ transplant donor and recipient, and also disturbed the normal medical order and social management order, remain a great harm to society. Seeing tliat,it is urgent to perfect the law system of regulation and prevention. At the moment, many countries like England, America and Japan have formulated organ transplant law, but only in 2011 in the criminal law provisions of the (eight) amendment of the organization in human organs and body organs are guilty of unlawful pick. While the criminal law on organ transplant behavior of specialized regulation is still a blank, this makes the condemnation and judicial practice sentencing indecisive, Of course does no good to sanctions and punishment. In this paper, the author firstly analyzes the optimal method based on law, proved resistance but illegality about the effective commitment to donor organ transplant behavior, from the legal nature of organ transplant action. Finally,the writer made comments on the rampant and harmful behavior of the present organ transplant. And thus put forward to legislation proposals and ideas to strike and prevent organ transplant damaging behaviors.The main body of this paper is divided into four parts. Firstly It shows the legal concept, developing history and present status of the organ transplantation; Based on this, Analysis and contrast between legislative situation at home and abroad, which possess strong guiding significance to perfect our organ transplant legislation.The second part focuses on analyzing legitimation basis of organ transplant, Mainly discussed the applicability of organs removing, including the illegality resistance of Donor organs removing and ill caustic organs removing of receptor, that is, the commitment belonging to effective victim. And then proved the legitimation basis, or it will be illegal and should be punished.In the third part, the paper made analysis on the new legal issues caused by organs remoning. By staying many legal problems and serious social harmfulness, this paper shoes the idea that Illegal organ transplants urgently needs the legal regulation behavior.Last part is the main content of this paper. This part includes people's law establishment and ideal of perfecting Organ transplant criminal legislation, analyses the foreign legislation and suitable legislation of our country mode, and Proposed the specific charges and indictment that should be added in our legislation of organ transplantation. By means of researches on the death standard of clinical Organ transplants, the article summarizes our country should adopt scientific standard and make corresponding provisions in legal form. Last, the writer put forward to legislative image which will perfect inmate organ donation system.In recent years, Organ transplant problem has been fairly popular attention. In the opinion of mine, the research of this problem have important instructive meaning to solve realistic problems. However, the topic I chose is more front, and reference material available is also more scarce, with the result that some views is sort of superficial. Please criticize and correct! Thank you!... |
