人体器官商业化刑事立法的比较和借鉴

The Comparison and Reference of Human Organ Commercialization of Criminal Legislation

禁止买卖人体器官是各国和地区器官移植法的共同立场,各国和地区立法对人体器官交易行为的规定在周延性和明确性上不一致,罪名安置的章节位置不完全一致,所设立的非法买卖人体器官犯罪行为也不一致。我国立法应该增设人体器官商业化犯罪行为或者新的类别,合理安排章节位置以及促进刑法典、附属刑法之间刑事责任的协调化。

Different countries and ban in accordance with respective law behavior of human organs trading, the 1 regions share the same position in terms of buying and selling human organs on organs transplantation. However, when it comes to the provisions on egislations of different countries and regions are inconsistent in ductility and clarity. Chapters and sections where charges are placed are not completely consistent. The criminal behavior of illegal human organ buying and selling is also inconsistent. Commercialized criminal behavior or other new category should be added, the positions of chapters and sections should be reasonably arranged in the legislation of our country. Criminal liability should be properly coordinated between criminal code and accessory criminal law.