Study On Organized Organ Trafficking Crimes

Where the human organ is a carrier of individual personality attributes,it cannot become the object of the transaction,the system of criminal regulations for the protection of human organs should also be based on the personality attributes of the human organ.Organizational organ sales behavior has three characteristics:the number of participants,the organ donor is in a vulnerable position and the harmful consequences are multiple,but the criminal law norms have not been fully assessed for these.In addition to,on the criminal object,the object of the crime should be the state’s institutional provisions on the prohibition of organ purchase and sale.And more,on the subject of the crime,the offence includes only natural persons,units and medical subjects who have played an important role while not acting as organizers are not included;In the objective aspects of the crime,the conduct of organizing the cross-border sale of human organs has not been specifically assessed and the cornea of the corpse is not included in the criminal object of the offence;In terms of the measurement of severe penalties,the time nodes of the excessive damage standard are too strict,and the quantitative criteria for illegal income are not good at distinguishing the degree of harmfulness of criminal acts.With regard to the aforementioned aspects,the three ways from expanding the scope of the subject of criminal responsibility,refining the regulatory content of the objective aspects and strictly determining the criteria of serious circumstances can be started to improve the crime of organizing the sale of human organs and can meet the need for increasingly complex organ trafficking in regulatory forms of expression.