人体器官移植违法行为犯罪化研究

Research on the Criminalization of the Act of Human Body Organ Transplant

人体器官移植违法行为呈高发态势,某些人体器官移植违法行为具有严重社会危害性,符合犯罪本质属性,应当将其犯罪化认定。目前,我国刑事立法及司法对此类行为的规制和惩罚尚呈空白状态,刑法有必要对这些新型犯罪进行规制,并将其分别置于刑法分则第四章"侵犯公民人身权利、民主权利"和第六章"妨害社会管理秩序罪"之中。

The act of human body organ transplant has been emergingfrequently, some is seriesly harmful to the society, so the central problem of the research is criminalization of the act of human body organ transplant. However, nowadays,the punishments to such an act is lack in the criminal legislation and judicature. Therefore, it should be regulated in criminal law. It is suggested that the act of human body organ transplant be placed in the forth chapter ＂Crime of Infringing upon the Citizen＇s Personal or Democratic Right＂ and the sixth chapter ＂Crime of Disrupting the Order of Social Administration＂ in the specific provisions of criminal law of the People＇s Republic of China.