Research On Criminal Law Regulations For Crime Of Organized Organ Trafficking

The "organize" in the crime of organized organ trafficking refers to the activities that take leadership,planning,cooperation,etc.to carry out its designated behavior,excluding coercion and deceit;In principle,it refers to non-renewable organs that have a major relationship with human health.Citizens enjoy the right to self-determination,but the exercise of the right to selfdetermination must be restricted by legal patriarchy.The "good customs theory" should be used to establish a boundary for the victim’s consent.The victim’s commitment to sell organs in the act of organizing the sale of human organs violates the "good customs" and does not conform to social ethical norms.Therefore,this commitment cannot prevent the illegality of the behavior.Judging from the current judicial situation in my country,the crime of organizing the sale of human organs in practice presents the characteristics of multiple crimes,social harm,and involvement of intermediaries,medical institutions and medical staff in the crime.By analyzing the judgment,it was found that in practice,there were disputes over the criteria for determining the principal and accomplice of this crime and the determination of the mode of cessation of the crime,and the criteria for "serious circumstances" and the range of fines and penalties were not uniform.Through further analysis,it is found that the criminal law regulation of this crime has the following problems: First,the criminal charge system is not perfect,there is a lack of regulation on organ trading,and the classification of this charge is not scientific;second,the conditions for the establishment of the crime are vague,and the reason for the high crime rate of intermediaries,medical institutions and medical personnel is that the unit is included in the scope of the main body,and the criminal responsibility of medical institutions is not clearly defined.The imperfect setting of punishment has led to problems such as non-uniform sentencing standards.The organ transplantation industry in non-territorial countries or regions started early,and the research on organ transplantation is relatively in-depth.Both theory and practice can provide experience and reference for my country.By combing the legislation of major countries and regions outside the territory,drawing on the victim’s commitment theory,self-determination theory and relevant legislative provisions of the civil law system,and combining with my country’s judicial practice,a clear path to improve the criminal law system for this crime is proposed: first,in the improvement of the crime system On the one hand,the act of buying and selling human organs should be included in the criminal law,and the crime of buying and selling human organs should be added.Based on the main legal interest medical management order violated by this crime,the crime should be included in the sixth chapter "crimes of obstructing social management order".Secondly,in terms of clarifying the conditions for the establishment of the crime,expand the scope of the main body of this crime,include units in the scope of the main body of this crime,and refine the criminal responsibility of medical institutions;clarify the organizational behavior of this crime and adopt an expanded interpretation position;It is not necessary to achieve the purpose of betrayal if the consequences of injury are caused,as long as the organizational behavior is completed,it constitutes a completed crime.Thirdly,in terms of refining the circumstances of sentencing,the standard of seriousness of the circumstances is clarified,and the circumstances of severe punishment for special subjects such as medical personnel are clarified;finally,in terms of improving the setting of punishment,the judicial interpretation of fine punishment is refined,and the criminal occupation prohibition system is applied.