Crime Research In Human Organs

Along with the development of the modern medical treatment, the organ transplantation have already been a more mature medical treatment means to be familiar with people, what to follow is the demand of organs is so much that the supply can’t be enough. The serious shortage of the organs cause the black market of organ business, then induct various crimes connecting with organ. Including this situation, the11National Peoples Congress at the19th time meeting decides to pass on Amendment Ⅷ to the Criminal Law on February25th in2011, the Article37definitely rules the human organs crime. This behavior shows the lawgiver’s determination to protect the life health safety of large people, being advantageous to fight the human organs crime much better.However, in the judicatory practice, the Article37in Amendment Ⅷ to the Criminal Law exist the problem that the lawmaking is not clear, and it turns to the huge controversy. Some dispute according to organs crime is not be resolved, such as the scope of organ in these crimes, the definition of the "behavior" in organization of the human organs for the crime. All these problems should be clearly ruled. This text sets out from the present condition and criminological characteristic of the human organs crime, basically combs our country’s development of the human organs crime provision, and launch the related the thinking about the difficulties in human organs crime with the point of Article37from Amendment VIII to the Criminal Law, in order to put forward some advises to this important problem.This article is constituted with preface, text and conclusion three parts.The text includes the following four-part cent:part one is the summary of the human organs crime. In this part, this text will the focus on the analysis of the criminological characteristic of the our country’s human organs crime, and then explicit and definite the category of such crime. After that is analysis on the social bane of the human organs criminal offence, then make clear the necessity of the human organs criminal offence. This part involves some contest of criminology. But these contest is helped to combe the human organs crime characteristic of demand, so it not influence this text to be a paper of criminal law.The second part mainly introduced the our country’s development of the human organs crime provision. This part is divided into two sections, section1is a summary about this crime before Amendment VIII to the Criminal Law was promulgated. Section2is based on the Article37from Amendment VIII to the Criminal Law.Because the related contents exist many disputes, this part will be an independence chapter, and the fellow part will give answers to them.The third part is the analysis on human organs crime and the relevance thinking. This chapter is the most important part. Section2is divided into the three sections carry on:section1discuss the mainstream view of this problem. Furthermore basing on the discussion, writer’s own perspectives will be put forward, in order to a explicit the apply of the regulation of human organs crime as soon as possible. This part mainly study the quantity of human organs crime and the problem of punishment. Section3is from the angle of the judicial fulfillment, critique judicial difficulty problem of the human organs crime, and t put forward advises to reply.The fourth part consummates the legislative conception of the human organs crime. After deliberating present legislative defined question, through the construction of human organs crime’s pattern, anticipated the consummation of the present the legal framework of human organs crime.