Study On Crime Of Organized Human Organs Trafficking

As science and technology develop,organ transplantation technology in China is becoming more mature.Medicalprogresshelps the patients who need organ transplantation extend their life.However,with the impact of traditional ideas,Chinese people do not tend to donate organs.From the realistic perspective,insufficient supply of organs is a crucial restraint of organ transplantation.Therefore,imbalance between supply and demand dampens hopes of some patients.While organ transplantation is applied in clinical practice,there are still a series of social and legal problems.Huge demand for organ supply has given rise toanindustrial chain of organ trafficking.The unbridled criminals,the imperfection of relevant laws,the neglect of government departments and other factors have speeded up the proliferation of human organs trafficking and other crimes.Taking advantage of victims' poverty,some suspects obtain and sell human organs by fraud,temptation,threat and other methods.Some harvest and sell corpse organs without permission of the deceased or their family.Some even secretly harvest and sell juveniles and psychopaths' organs.As the development of this criminal industry,it is characterized by professionalization with new type and intelligentialize organization,which causes severe social effects and draws attention of public opinion.Up to now,China has enacted Regulations on Human Organ Transplantation in 2007 and The 8thAmendment to Criminal Law in 2011,which officially regulate crime of organized human organstrafficking and relevant crimes such as intentional injury,intentional homicide,stealing or insulting corpse on the legal level.This makes up for legal blanks of fighting againsthuman organs related crime and punishes criminals reasonably and lawfully.As a result,criminal suspects are intimidated and crimes are curbed.This paper describes the development and current situation of legislation on crime of organized human organs trafficking,and analyzes specific changes after the enactment of The 8thAmendment to Criminal Law.At present,unit crimeof organized human organstrafficking in China is not yet regulated by law.The scope of crime target is undefined,and punishment range of Criminal Law and relevant standard are obscure.The protection of organs of juveniles,psychopaths and prisoners under sentence of death is inadequate.With regard totheseproblems,the author suggests that unit should be included as thecrime subject of organized human organs trafficking.The scope of crime target should be defined and standard of crime confirmation should be regulated.The protection of organs of juveniles,psychopaths and prisoners under sentence of deathshould be strengthened,as well as government supervision and social supervision by public opinion.Work system of human organs transplantation in China should be built up and laws and regulations on human organs trafficking should be enacted,which will provide criterion and basis for crime confirmation and judicial practice.Therefore,a sound and complete environment for human organs transplantation would be created.