The Criminal Law Regulation Of Human Organ Transplantation In China

2011 introduction of the "criminal law amendment(eight)" on the human organ transplant crime regulation, it will be organized to sell the behavior of human organs to conduct a separate conviction. The terms make up the organs in our country transplanted vacancies in the crime criminal law field, the organization sell human organs behavior into criminal law of Article 234, and the provisions of the three kinds of human organ transplant crime, respectively organization sell human organs, forced removal of human organs and the removal of dissatisfaction with the organs of the people under the age of 18. One of the first acts to organize the crime of selling human organs to be convicted and punished, second, third kinds of acts of intentional assault, intentional homicide conviction and punishment. The new law appears to be rich in content, but in real life, the human organ transplant crime is diversified, specifically how to identify such crimes, the legislation is still blank in our country. In view of the human organ transplant legislation in China is relatively backward and there are many does not apply for the, the criminal regulation on human organ transplantation perspective, one by one analysis of the law, put forward the human organ transplantation crime exists no precise definition of human organs, unit crime not specified for the subject of crime, a mental patient’s organ protection lack of provisions, trafficking in human organs crime the lack of regulation of the criminal law and so on. So, in order to perfect the criminal legislation of organ transplantation in our country, we must provide more detailed and comprehensive legislative proposals, in order to solve the problem of human organ transplantation crime problems, the introduction of the relevant judicial explanation and corresponding criminal responsibility provisions to regulate, in response to a wide range of human organ transplantation crime.