Research On The Crime Of Human Organ Transplant

The development of science and technology makes life create new demands on science and technology, as a medical technology, the human organ transplant has been recorded as early as the spring and Autumn period, but the real medical technology developed in China in the 1950s, to the present, it has achieved remarkable results. But these remarkable achievements will always be accompanied by breeding crime. These crimes have changed the nature of the human organ transplant technology that heal the wounded and rescue the dying. The organs of the human body as a part of the life are as priceless as life itself, human organ transplant crime not only puts the price tag on the human body organ, but in China the supply of organ is less than the demand of organ, in the pursuit of high profits, the criminals begin to obtain illegally the organs of minors and the organs of body, they are smuggling the human organs, in addition, the criminals obtain the organs of human in the way of force and cheating. These crimes not only hinder the healthy development of human organ transplant, but also pose a threat to human life. This paper analyzes the status quo of Chinese criminal law regulation on human organ transplant in the crime, and for the lack of regulation, we put forward some corresponding suggestions to help the future of human organ transplant in Chinese criminal legislation.This paper is divided into three chapters. The first chapter discusses the concept of human organ, the concept of human organ transplant crime, legal attribute, historical development, the causes of human organ transplant crime and the necessity of the criminal regulation of human organ transplant crime. The second chapter describes the status of our criminal law on human organ transplant and its associated issues, Chinese "Criminal Law Amendment (eight)" included the crime of organizing to sell human organs, the crime of illegal harvesting of live organ and the crime of illegal harvesting of cadaveric organ in the regulatory field through provision of the crime of organizing to sell human organs.Without regulation field is mainly presented as the removal of organs behavior of mental patients, smuggling of human organs and illegal medical institutions in the human organ transplant.The associated issues are mainly presented as the lack of standards for brain death and the unsound of the human organ donation system. From the perspective of problem-solving, the third chapter proposes appropriate regulatory recommendation for the criminal lack of regulation and the associated problems in the field of human organ transplant.