人体器官买卖的立法干预探析

Research on the Legislative Intervention of Sale of Human Organs

人体器官买卖不利于保证受体生命健康,严重违背生命伦理,是一种新型犯罪,并会引发其他犯罪,因而,我国应对人体器官买卖进行立法干预。当前,还有相当一部分学者支持人体器官买卖,但此观点存在严重缺陷或错误,应予以摈弃。我国应制定人体器官捐献与移植法,确立禁止买卖人体器官的原则、设立完善的人体器官来源审查制度、制订和补充旨在严厉打击人体器官买卖行为的刑法规则,以干预和规制人体器官买卖行为。

Sale of human organs goes against the health of receptors and violates the biomedical ethics, It is a new type of crime which also intrigues other crimes. Thus legislative intervention in the sale of human organs should be made in our country, For the present, there are still several scholars supporting the idea of sale of human organs which is wrong and should be abandoned, Instead, laws of human organs donation and transplantation should be made to restrict and regulate the sale of human organs, including establishing the principles of forbidding sale of human organs, building examination system of sources of human organs and formulating criminal rules which aims at hold back the sale of human organs,