On The Offence Of Organizing Others To Sell Human Organs

Organ transplantation brings benefit to human beings,however,due to the shortage of human organs the organ trading behavior is increasingly rampant involved many new crimes in organ transplantation. Before the publication of Criminal Law Amendment (Ⅷ),we have no specific law to regulate such behavior.The thirty-seventh item of Criminal Law Amendment (Ⅷ), which was published in25th February2011, sets the charge of organizing and selling human organs. But because it is a new charge and relevant official interpretation doesn’t come on stage, so there are still many academic debates about some key problems.Based on Criminal Law Amendment (Ⅷ), this paper puts the focus on the analysis of organizing and selling human organs, combined with the comparison of relevant cases in our judicial practice. In addition it introduced the foreign legislation status about the charge of organizing and selling human organs, at the same time, analyses the domestic academic dispute, in order to propose some personal views and suggestions on the application and perfecting of organizing and selling human organs by the legislative experience home and abroad.