The Theory Of Organization To Sell Human’s Organs Of Victim’s Commitment

When we enter the ever-changing science hall, can always see the beautiful scenery of science that, these achievements are the crystallization of human wisdom,with the rapid development of modern medical technology, organ transplantation is becoming more and more popular in clinical application, brought the Gospel to millions of patients. But everything will produce positive and negative two aspect effect, the development of organ transplantation in bright at the same time, it brings to mankind and therefore led to a series of crime. For human health, for life, for happiness life, thirst for interests and so on, more and more patients need for organ transplant, but donor organs and the receptor of the proportion of supply and demand imbalance, stimulates the production of a variety of organ trafficking market, causing a serious crime. The rapid development of science and technology, not only to the criminal legislation, criminal justice and criminal law put forward the severe challenge, but also led to a profound reflection of the theoretical circle of criminal law. Throughout our country’s legislation, involving the terms of the organ to protect rare, can say without a true crime criminal activity legislation regulating the for organ.In order to crack down on crime, protect the physical and mental health of the people and the unity of the whole society, the NPC standing committee meeting on February25, 2011, 19 a vote by the law of the People’s Republic of China criminal law amendment(eight) "(hereinafter referred to as the eight), the amendment to article 37 stipulates clearly the organization sell human organs, make organization sell human organs behavior in criminal law with the regulation on the basis, has the milestone significance. Even though the amendment of criminal law stipulates clearly the organization sell human organs crime, but it still have considerable controversy in specific judicial practice.Organization sell human organs in the penal code is located in the fourth chapter,the infringement of citizens’ personal rights, democratic rights crimes, that about to infringe on the health of the crime. Without my consent to remove the victim’s bodyorgans, or without the consent of the minors to remove the organ of minors, at this time should be by the intentional injury, the intentional homicide, but adults under the domination of free will take the initiative to donate their organs commitment, act as harvesting the organs of the victim act doesn’t constitute intentional injury. In this problem, need to straighten out is the victim of the effectiveness of the damage their promise to personal behavior. In this crime, can be analyzed for, why after the victim is committed to gather its organ is not illegal, when the victim did not promise to harvesting the organs will constitute intentional injury, but taking organs for the purpose of selling but make crime of organizing sell human organs?To solve these questions, have to mention is the victim of commitment. Commitment can be traced back to the earliest the victim "promised behavior is not illegal," the old adage, which contains the important value of criminal law, the victim promise although not expressly prescribed in the penal code of our country, but its role in the judicial practice to be reckoned with, so no matter in theory or practice, deal with their deeper discussion.This article first to sell human organs organization crime for a simple overview,about the object of this crime, scholars have different points of view, the point of view, the author of this paper sorted out one by one and form their own view.Involved in the our country law of organ transplantation is mostly local administrative rules and regulations, and a comprehensive nationwide regulation is promulgated in 2007 the human organ transplant ordinance, but these rules do not deal with widespread illegal sell human organs, to that end, lawmakers to intensify the protection of human organs, the amendment of criminal law eight stipulated in article 37 organization sell human organs, the establishment of this crime, fill in the criminal legislation in our country to organ trafficking illegal ACTS such as zero legislative gap. Organizations involved in the crime of selling human organs to the promise of the victim problems, the theoretical circle’s commitment to the body and health effect exist different points of view. Disgraceful consideration is that if behavior violated, disgraceful consideration is the weight of the don’t ask, don’t hurt,with intentional injury. Disgraceful consideration if not break, caused a great damage,even if is not identified as intentional injury. The second view commitment of lightdamage of intentional injury, but with a heavy damage of commitment of intentional injury. The third kind of view have commitment shall not set up the crime. In this paper, based on the reference of the above views, agree with the third kind of view.Finally, this paper explores the specific organization sell human organs of criminal cases, from the perspectives of said elements, the subjective important document, this paper expounds the victim of effective element of the commitment.