刑法规制下人体器官买卖猖獗的伦理思考

Ethical reflection on the rampant business of human organs under the criminal regulation

我国人体器官供需矛盾突出,传统文化观念和传统死亡标准阻碍了器官捐献,加之器官资源分配不公,导致器官买卖屡禁不止;尽管已有《刑法》规制,但由于法律条文存在诸多瑕疵,致使器官买卖仍时有发生。有鉴于此,提出完善相关法律条文,完善器官公正分配系统,更新文化观念,扩大器官来源的途径,以有效遏制器官买卖。

The contradiction between the supply and demand of human organs is prominent in China. Organ donation has been hindered by traditional culture and traditional death standard. And the injustice of obtained organ resource allocation has caused the continuous business of human organs. The business of human organs was prohibited by the criminal law, but which failed to regulate it because of its defects. Therefore, some countermeasures were put forward to effectively prohibit the business of human organs, such as perfecting legal articles, improving fair distribution system, renewing traditional cultural concept and expanding the organ sources.