Research On The Criminal Law Regulation Of Organizing The Selling Of Oocyte

In recent years,the black market of egg cell trading is rampant,and the news of young women’s lifelong infertility and even life-threatening due to egg sales is often seen in the newspapers.However,in practice,the punishment received by the organizers is only the confiscation of instruments and a small amount of fines,and many underground organizations have frequent activities and impunity,which has aroused great concern and strong dissatisfaction of the society.In order to avoid the further expansion of social harm,it is necessary to prevent and crack down on such acts as soon as possible.However,the existing civil and administrative laws and regulations and operational norms in the field of human assisted reproductive technology have not played a good role.Although the measures for the administration of human assisted reproductive technology issued by the Ministry of health in 2001 clearly stipulates that if the sale of gametes,zygotes and embryos constitutes a crime,they will be investigated for criminal responsibility,there are no corresponding charges in the current criminal law,which leads to great differences in whether criminal sanctions are needed for this behavior in practice and how to deal with it.For this reason,it is necessary to carry out institutional innovation.This paper shares five parts to systematically analyze and demonstrate the criminal law regulation of organizing the sale of eggs:The first part is the phenomenological investigation of the behavior of tissue selling eggs.Through the investigation of the background of the organization’s egg trading behavior,the reasons for the continuous expansion of the egg trading scale,the current development state and future evolution trend of the egg trading,and the characteristics of the organization’s egg selling behavior,we strive to have a more comprehensive and in-depth understanding of the behavior.The second part is the demonstration of the necessity of criminal law regulation on the behavior of organizing the sale of eggs,which is divided into four aspects.First,organizing the sale of eggs has five serious social hazards: desecrating human dignity,endangering women’s life and health,disturbing public health and medical order,violating ethics and social order,and causing other crimes.On the second hand,the absence or failure of civil,administrative and other pre emptive laws and regulations is reflected in: when egg donor women cause serious health damage due to egg collection,it is difficult to protect their rights through civil litigation;Absence of supervision of administrative departments;Administrative punishment is not enough to curb the momentum of development.Third,the criminal law disposal of the organization selling eggs can better take into account the principles of criminal modesty,balance between crime and punishment and judicial economy.Fourth,organizing the selling of eggs into punishment is the aspiration of the people and the trend of the society.The third part is the path choice of criminal law regulation on the behavior of organization selling eggs,which is divided into four aspects.First,criminal law regulation generally has three paths.On the other hand,it is difficult to accurately and fully evaluate the behavior of tissue selling eggs with existing charges.The third part is to modify the existing two similar crimes-the crime of selling human organs by organization and the crime of selling blood by illegal organization,which still has many limitations and is still not the best choice.The fourth part is the advantage of creating "the crime of organizing the sale of eggs" to regulate this behavior.The fourth part is the construction of the penalty system for the crime of organizing the sale of eggs.The first is the four constitutive elements of the crime;The second is the choice of punishment and the allocation of punishment;Finally,the chapter arrangement and specific articles of the crime in the criminal law.The fifth part is the research on the criminal form of organizing the sale of eggs.It includes the exploration of the form of crime cessation,the analysis of joint crime and the form of the number of this crime.