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Study on the Organizing of Illegal Human Organs Sales Crime

Author: XiaoLiYing
Tutor: LiRenFu
School: Jilin University
Course: Legal
Keywords: the organizing of illegal human organ sales crime constitution of crime humanorgans form of crime judicial identification
CLC: D924.35
Type: Master's thesis
Year: 2013
Downloads: 78
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Abstract


After the implementation of the amendments of the criminal law (eight) in2011,many cases have emerged in different province about the organizing of human organssales. But no matter from the provisions of the crime, or from the judicial practicesituation, charges and applications of organizing human organs sales sin has arousedwidely controversy and discussion. These academic discussion and ideas are mainlypresented by law journals and academic papers, but with all the new cases continue tooccur, there is a certain ambiguity for concept terms of interpretation and sentencingstandards, resulting in accuracy and operational application of the crime in thejudicial practice which makes the crime has to face new challenges.Therefore, this article will take this as a breakthrough; analysis of legalprovisions the crime itself on the basis of other academic point of view, and toexpress their views and controversies of the organizing of human organs sales crimein the judicial practice. At the same time, the above problems are also put forwardcorresponding improvement measures.The text mainly discuss the charges and settings on the crime and so on, the firstpart expounds the overview of the charges, making analysis of the social backgroundand the domestic and foreign present situation of the charges of organ transplantation;the second part of this crime in the subjective elements need to explain how to handleto be analyzed, by summing up the mainstream view at present academia and putforward the author’s own view to analysis; third part of the objective aspect of theCrime Constitution requires several laws to explain the definition, according to thecurrent research and the scholars in the judicial practice of the characteristics of theauthor; the content of the fourth part combined with judicial practice, the judicialcognizance of the statement and the crime. To illustrate some operational problemsafter the combination of practice on the crime caused in the judicial practice; finally,the fifth part from the provisions of the crime law, in reference to China’s "blooddonation law" and other national provisions for organ donation, put forward a fewpoints which can effectively reduce the crime thoughts and opinions. In short, making the organizing of illegal human organs sales in accordance with the basic situation ofthe crime in China at present, also in line with the international trend of this kind ofcrime stipulated. I believe in the near future, with the in-depth study of the law, morein-depth practice, relevant laws and regulations and judicial interpretation must beable to continue to improve and perfect, the concept of the national organ donationalso will increase, and promote the process of legalization of China’s continuousdevelopment.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crime against property
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