简论组织出卖人体器官罪

Analysis on the Crime of Organizing Other Persons to Sell Organs

随着人体器官移植技术的不断发展,人体器官的"地下"交易活动也愈加猖獗。通过强迫、欺骗、诱导等方式摘取他人器官进行买卖或者组织他人出卖人体器官的活动,严重危及到广大人民群众的人身健康。有鉴于此,《刑法修正案(八)》第37条将组织出卖人体器官的行为列入刑罚的规制范围。本文通过分析组织出卖人体器官罪的构成要件,明确罪与非罪、此罪与彼罪、犯罪既遂和未遂的相关问题,为司法实践中的定罪与量刑提供理论上的依据。

With the continuous development of human organ transplant technology, human organs trading ＂underground＂ activities have be- come even more rampant. The activity of removing others human organs to trade or organizing others to sell human organs by mode of coer- cion, deception, induction and so on seriously impacts the physical health of the broad masses. Article 37 of the Criminal Law Amendment （VI- II） includes the act of organizing to sell human organs into the regulation scope of penalty. By analyzing the constitutive elements of the crime of organizing others to sell human organs, this paper plans to discern crime from non-crime, this crime from that crimes and consummated crime from attempted crime, so as to provide a theoretical basis t^or conviction and sentencing in }udicial practice.