Research On The Crime Of Organizing Others To Sell Human Organs

At present, China’s supply and demand of organ transplantation, the human organs tradeimbalance is increasingly rampant, culprit is wandering in between donor and recipient of theorganizers. For a complete contain organ trade winds, strengthen the protection of criminallaw on the people’s livelihood,"criminal law amendment (eight)" will organize another personto sell human organs behavior into sin, identified as "organization sell human organs sin" andcrack down on the sale of organs organizers. For the new charges form with applicable, stillhas a lot of different understanding. Therefore, this article will be in combining the theory ofcriminal law and the real case on the basis of this crime composition as well as the judicialrecognition issues, the paper study of difficult issues, and puts forward improvementSuggestions. Full text points four parts to discuss:The first part: Organization betray the human organs sin Overview. Author to relevantlaws and regulations of France, Britain, Japan, South Korea, for example, introduced alegislative overview of extraterritorial organizations to sell human organs. At the same time,in accordance with local legislation, the central legislative acts incriminating developmentcontext, combing the legislative process within the organization to sell human organs crime.On this basis, the author summed up the legislative reason for this crime, that the essentialcharacteristics of the crime organizing others to sell human organs, and other means areinsufficient to curb the behavior.The second part: constitutive requirements of the crime of organizing others to sellhuman organs.This part is the focus of this research, including the subjective object of crime,objective aspect of crime, subject of crime, crime. Firstly, the object of this crime, the authorintroduces the different viewpoints on the object and the analysis, obtains the crime is acomplex object, namely citizen’s health right and the state of the human organ transplant thesupervision order conclusion. Secondly, the objective of this crime, this article believes thatthe act is "organizing others betray body organs of behavior", specific performance byrecruiting, captive, arrangements and other means, leadership, planning, directing othersbetray body organs of behavior. The "others" must meet the age over18years old andvoluntarily agreed to sell "Human organs". Again, the subject of this crime is generalsubject of natural person, general participants and organs, organs of the buyer seller are notbelong to the scope of the subject. Finally, on the subjective aspect of the crime, from the types of criminal intention, is discussed to profit for the purpose of two. the behavior person’ssubjective guilt is direct intention, and not for profit purpose.The third part: The difficult issues of the crime of organizing others to sell human organs.First of all, the author uses the crime constitution theory, explains the crime with thenon-crime, this crime and that crime. Secondly, according to the principle of behavioraloffense, the author conducted in-depth thinking on this crime accomplished standard. Theorganization sell human organs crime belongs to the crime, as long as the implementation ofthe organizing others betray body organs of behavior that constitute a crime accomplishedoffense. Again, this crime is any accomplice, a principal and accessory division. Andespecially discusses the medical personnel constitute a crime accomplice in differentsituations and problems. Finally, based on analysis of a large number of real cases, thebehavior of forged identity cards, official documents, certificates, seals, behavior of violence,threat behavior, behavior of organ donor forced into bodily injury to or death will bediscussed.The fourth part: the legislative defect of the crime of organizing others to sell humanorgans and its improvement. Through the above discussion, this paper argues thatorganizations sell some omissions in two aspects of human organs on the subject of crime, thecrime of sentencing. Therefore, to put forward the following suggestions: first, to expand thesubject of the crime, the unit into the subject of the crime. Severely punish relevant personnelin charge of the unit and other persons directly responsible. Second, make this crimesentencing standards, specific circumstances clearly "serious". The organization of peopleselling human organs; multiple organizing others betray body organs; organized transnationalbetray body organs; organization sell human organs of the huge amount of illicit income;there are other serious circumstances.