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Criminal Protection of the Human Organ Transplant

Author: YangZan
Tutor: WeiKeJia
School: China University of Political Science
Course: Legal
Keywords: Human Organ Transplant Harmful behavior Criminal Law Protection
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 415
Quote: 2
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Abstract


This paper studies the criminal law protection of human organ transplants. The Human Organ Transplant something new is emerging with the development of modern biomedical technology, human organ transplants in China ranks second in the world. The Human Organ Transplant technology has been widely used in countries around the world, while the benefit to human life and health, the social problems arising from the attendant. China each year about 1.5 million needed organ transplant patients waiting spawned the emergence of a human organ trading industry, and the huge profit margins but also created the rapid development of the human organ trade intermediary groups. Legal norms of criminal law protection of human organ transplantation in the Human Organ Transplant Ordinance \theft, the crime of insulting the body, the organization betrayed the crime of human organs and regulation. These provisions to the illegal transplant of human organs crimes covered under the regulation of the criminal law, but also effectively prevent the judicial practice of arbitrarily applicable law on human organ transplants confusion. This paper is divided into four chapters. Chapter start from the concept of human organs, clear human organs in the legal sense of the broad and narrow sense, human organs described in this paper is limited within the narrow confines of the organ that refers only to non-renewable, aims and can reproductive organs to be able to discriminate on the legal duty; followed accepted in the organ transplant human organs for different reasons specified contains four types of human organs; final for research of human organ transplantation are beyond legal requirements and ethical needs, system analysis without physical separation organ and the separation of personal outside organ different legal property. Chapter II to determine the meaning and type of organ transplant, indicate the article scope of the study only illegal organ transplants, limited to a specific research object, and then clear the of organ transplantation harm behavior manifestations; organ transplants harm behavior features on the current development in the country, aims to emphasize the serious social harm, organ transplants harm behavior of multiple social ethics violation and patterns of crime. Chapter two angles from necessity and practical needs of reasons to justify criminal regulation on human organ transplantation. Due to the serious social harm human organ transplantation and multiple crime of regulation of organ transplantation; In order to harmonize with the existing organ transplant regulations to avoid judicial practice, the occurrence of confusion, the successful experience of extraterritorial legislation The reason is the reality of the need for organ transplants crime of regulation. Fourth chapter just considered by the Criminal Law Amendment (h) \understanding of the three patterns of crime and the council, after brain death criteria identified, organ donation, death row inmates organ transplant program specification perspective of perfect views of those associated with organ transplantation system.

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