Criminal Regulations For Illegal Access To Human Organs

Organ transplantation is one of the most pioneering technologies in the field of biomedicine in the 20 th century.It breaks through the traditional medicine treatment and is a new medical model for organ failure patients to restore their health through transplanting organs.So far,China has become the second largest organ transplant country in the world,and has made great progress in terms of medical technology and legislation.The continuous maturity of organ transplantation technology has brought hope for survival to critically ill patients,and it has also brought many tests to the current legislation in China.The reason is that the advancement of medical technology and the development of the law are not completely synchronized.The social status quo is changing too fast,and the legislators are unable to make very forward-looking decisions based on their own factors,such as predictive ability and creativity.Legal provisions,so the relevant laws on organ access often lag behind the development of science and technology.The criminals who specialize in the acquisition,sale,and personal organs have taken risks,which has led to an endless stream of organ crimes.In order to incorporate the illegal acquisition of human organs into the complete rule of law,this paper defines the relevant concepts and specific scope of human organs in China,analyzes the relevant provisions of donor source and recipient identity,and deeply analyzes the current death in China.Judging criteria,victim commitments,etc.,gradually led to the current status and predicament of organ transplantation in China.On this basis,compare and refer to the effective legal system,legislative model,certification standards and specific implementation rules of other countries,find the merits,and finally propose countermeasures and suggestions to improve our criminal law and judicial interpretation.