Criminal Regulation For Human Organ Transplantation In China

With the development of human organ transplantation in medical level, the criminal behavior of human organ transplantation also happens frequently. It not only endangers the health and life safety of the donor and recipient, it not only contraries to good morals and social ethics,but also breaks the medical management order,which causes great harm to societyThe regulation of the human organ transplantation mainly concentrates in Human Organ Transplant Ordinance and the Criminal Law Amendment (Eight).Regulation for the criminalization of the Human Organ Transplant mainly learns from intentional homicide, intentional assault, theft, the crime of insulting, the crime of organizing or selling human organs. The new provisions of the Criminal Law Amendment (Eight) fills the blank of the criminal legislation for the human organ transplantation, to some extent, solve the problems in the judicial practice.Because of the lag in law, the provisions of the Human Organ Transplant crime in our country are not perfect, especially lacking in the criminal regulation.Combined with the criminal provisions of the human body organs in the Criminal Law Amendment (Eight), the paper gives criminal legislative proposals for the human organ transplant crime.Based on the Criminal Law Amendment (Eight), the study analyzes the crime of human organs from the organization, to intentional injury, intentional homicide, theft, the crime of insulting the body on human organs crime inquiry, gives interpretation of existing law, the analysis constitute a crime and analysis strip between competing law applies, provides the recommendations on human organ transplants in China’s criminal legislation.