Research On The Organized Crime Of Selling Human Organs

Human organ transplant technology is one of the greatest achievements ofmodern medicine development, for a number of organ dysfunction in patients hope forsurvival.However, human organ transplant due to many complex factors increasingdemand, but can be used to transplant the organs of chronically scarce State. Humanorgans of long-term supply and demand imbalance, led to underground trade inhuman organs on the black market, interest in forming a human organ trading chains.Although the vast majority of countries in the world and the sale of human organs isprohibited, and the sale of organs to combat and punish, human organ tradingactivities across the world still rampant. This not only led to a series of serious humanethics issues, but also resulting in a large number of organizations selling humanorgans, even without her consent the removal of their organs, or stealing organs afterthe killings and other criminal acts. In the phenomenon of the sale of human organs inChina is not uncommon, horrendous traffic in human organs often found innewspapers. Criminal legislation on human organ transplantation in China started late,on February25,2011, states that have enacted the amendments to the Criminal Code(Eight), sale of human organs will be organized for the first time into the scope ofregulation of the criminal law, fill the gaps in the human organ transplantation inChina criminal legislation. Due to the organized crime of selling human organsestablished shortly, up to now, from the perspective of criminal law on the crime ofrelatively few theoretical results of the systematization and standardization, discussionon the related problems of insufficient, many issues are not clearly defined. Therefore,the author believes that conducting a detailed study of this crime is a need, with aview to guiding judicial practice contribute their humble.This article is divided into three parts, includes introduction, body, conclusion, atotal of more than30,000words.Introduction section begins with a brief introduction by organized crime ofselling human organs of the legislative context, the legislative intent and legislativecontent, provided on the legislative level basis for the writing of this article, and thenprovides an overview of the existing main research results related to this crime and research content, final General presented this research purpose, research and researchmethods.The body is divided into four parts, this section consists of the following majorcontents:Part I nature of this crime and law (object) conducted an in-depth discussion, onthe basis of commentting on past views, put forward their views and comments, thenature of this crime and the law (object) for the citizens right to personal health andnational regular medical supervision order, the citizen the right to health as the mainobject, the object is to be the focus of criminal law to protect.The â…¡ part is about the research on constitutive elements of crime, firstdiscussed in detail the objective behavior of crime, an in-depth analysis of"organizing" and "selling", the author believes that in the crime of the "organizing"should not include violence, coercion, coercive means,"selling" should be explainedin their literal meaning, should not broaden or narrow interpretation, Second, anin-depth analysis of the subject of crime of the crime problem, based on judicialpractice need, unit is necessary into the scope of regulation of the crimes. While theprincipals, accomplices in this crime accomplice hackles distinction and coercedoffender. At last, careful study of the issue of object of crime, in the crime of the"organ" includes not only the provisions of the human organ transplant Ordinance,should also be included for transplantation to the human body more important humantissue. Also believed that the crime of "others" should be only to extort a confession.The â…¢ part is about the research on judicial recognition of crime, first analysisof this crime is unaccomplished, suggested criteria for the crime attempted todistinguish between, organizers of the Organization (promoting) is under organizerwas the removal of a human organ. Second, analysis of the crime of the crimeproblem in specific cases. At last, on this crime of "aggravated" cases presented withstrong operational criteria.Part â…£ is on the author to examine this process by identifying the legislativedefects of the crime and judicial application of obstacle, and to makerecommendations for legislative perfection, including the expansion of existing lawsfor "body parts" range of requirements, adding the crime of the provisions of thecrimes committed by a unit, additional medical personnel and medical institutions are guilty of this crime from the penalty provisions.