The Matters Of The Crime Of Organizing Others To Trade In Human Organs And Improvement

Organ transplant surgery is an effective measures to save the patients’ lives whohave organ failure. Though the laws allow the organ transplantation and organdonation between close relatives, it’s far from being able to meet the growing needs ofthese organs. Market demand and the huge profits lead to the illegal trade in humanorgans crime, even to criminal behavior such as kill and steal corpse organ. Sincethere is no separate organ criminal charge in the Criminal Law, it is very frequent thatthe same crime has different penalty for above acts in practice. promulgation of TheAmendment VIII to Criminal Law, published in May1,2011,definitely judge thecrime of organizing others to trade in human organs. This article mainly analyses thecrime of organizing others to trade in human organs, and puts forward the views ofthe author. There are five chapters in the article.The first chapter outlines the current situation of organ trading crime and simplyinterpret the focus articles of "Human Organ Transplant Ordinance". By analyzing theexperience of the foreign organ crime legislation, it shows the importance of theimprovement of organ legislation.Chapter II mainly presents the constitutive requirements of the crime oforganizing others to trade in human organs, focuses on the object and objectivebehavior, and expounds the details of articles though comparing and summarizingdifferent theoretical perspectives. Chapter III is about the different penalty for same crime. It compares the crime oforganizing others to trade in human organs with the crime of business irregularitiesand the crime of intentional injury.The fourth chapter simply analyses the scope of subjects of the victim’s contentand behavior element of the crime of organizing others to trade in human organs. Andthe author put forward that the content of victim could not become the elimination ofillegality.The last chapter takes suggestions to prefect current legislation, including addingorganization to subject of crime, and confirming the extent of criminal object.