On The Offence Of Organizing Others To Sell Human Organs

With the rapid developmen t of modern me dical t echnology, as a typicalrepresentative of the state-of-the-art medical technology, organ transplantation hasbecome more mature sound, brought new hope to the majority of patients. However,everything has two sides. In the process of organ transplantation is widely used inmedical and clinical applications, it also raised a number of legal issues. Comparedwith the the maturing organ transplant technology, our lack of a relatively perfectorgan donation system and organ allocation system, causing a serious imbalance inthe proportion of the supply and demand of human organs. On the one hand, from theorigin of the donor, our laws allow legitimate source of donor is limited to closerelatives organ transplant or organ donation; On the other hand, China hasimplemented unpaid voluntary organ donation mechanism, the lack of appropriateincentive mechanisms, making the citizens to donate organs meaning generally nothigh. The various reasons intricate intertwined, resulting in the current organ donorsources far can not meet the needs of this growing organ transplant. Shortage ofmarket demand and high profits breeding ground for a variety of illegal trade inhuman organs crime, lack of criminal regulation of such behavior for a long period oftime China’s criminal law. The2011organizational finally betrayed the establishmentof the crime of human organs to make up for our country in the Criminal Code tocombat organ crimes in China blank. It argues that the content of this crime on thebasis of proposed part perfection recommendations. This paper is divided into five parts:The first chapter discusses the status and causes of crime organ, and on this basis,analyzes the organization to sell the concept of the crime of human organs and thiscrime Legislative Overview. Which in to enumerate countries outside the provisionsof this crime systematic at the same time, a brief combing of this crime legislation.The second chapter in a brief analysis of the organization betrayed theconstituent elements of the crime of human organs, the focus of the objectivebehavior of crime "organization sold out" behavior, the object of the crime of humanorgans "range.The third chapter is based on the conversion of this crime and paragraph2ofArticle234of the Criminal Code one of the provisions of paragraph-intentionalhomicide and intentional assault different the article analysis about the victimcommitment to betray the crime of human organs and tissues relationship, combinedwith the effectiveness of the German and Japanese scholars about the commitment ofvictim injury theory, discusses the victim commitment of this crime can not becomeillegal and negates.The fourth chapter outlines the relationship of the organization to sell humanorgans crimes and related offenses. Mainly from the point of view of hermeneutics, analysis of this crime and transformed intentional homicide and intentional assault, aswell as the relationship between the crime of theft insult to the body, in order toprovide some guidance to the judicial practice of the sin.Chapter imperfections in the provisions of the crime based on the existing lawsproposed recommendations, such as the the criminal target range is too narrow, therange of Punishment of the Crime and the lack of protection of objects and otherissues, made a number of views.