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Reserching Controversial Issues of Organizing to Sell Human Organs Conviction

Author: ChenShuYang
Tutor: ZhangXiuLing
School: Inner Mongolia University
Course: Legal
Keywords: organizing to sell human organs organizing to sell range of humanorgans doctors’ criminal responsibility commitment of the victim
CLC: D924.34
Type: Master's thesis
Year: 2013
Downloads: 102
Quote: 0
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Abstract


With the advances in medical technology and the development of science and technology, human organ transplant technology brings the hope of cure ailments to patients. However, everything is a double-edged sword. Human organ transplant technology takes benefits for human while triggering a series of social, ethical and legal issues, especially criminal problems caused by the tight supply-demand relationship. These criminal activities disrupt the normal social order, causing great harm to the physical health of the citizens, violating the bottom line of social ethics. Developed countries in order to combat this type of criminal activity are the norms of criminal legislation and severe punishment for such offenses. China in the area of medical technology has been at the forefront of the world, but the in human organs legislation also has many deficiencies, especially the lack of criminal provisions of the legislation resulted in human organs crime."Criminal Law Amendment" established regulation of human organs crime to punish the crime of human organ. In the process of judicial practice, organizing others to sell human organs has sparked a lot of controversy and problems. Through the analysis of typical cases, the author analyzes three issues in the crime of human organs for organizing others to sell human organs:how to identify behavior of organizing others to sell human organs; the scope of human organs, how to determine the doctor’s responsibility. The behavior of organizing others to sell human organs is to lure, introduced, intermediaries and other means to make others selling human organs voluntarily. The range of human organs should determine under medical concepts, at the same time, according to the requirements of the criminal law protection and beneficial for fighting against crime need. The doctors’ responsibility determination should be careful, in strict accordance with the criminal law of common crime theory. Commitment of the victim doesn’t be formulated in the Criminal law, but it is an important theory for organizing others to sell human organs. These four problems are related to the key issues for organizations convicted of selling human organs, the determination of the crime or this crime and other crimes. Organizing others to sell human organs legislation should express in judicial interpretation clearly, to provide a clear basis for the conviction and sentencing of such cases, and to play its due role in the process of fighting crime. Human organs crime, in our country, there are inadequacies in the Legislative Perfection that can draw on the legislative experience of other countries and regions, additional charges of efforts to enhance the punishment of such crimes.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Violation of civil rights and democratic rights of crime
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