器官犯罪本体研究

Research on the main part of organ crime

《刑法修正案(八)》在故意伤害罪的条款下增设了器官犯罪的相关规定。其中,财产刑的规定更多地体现了功利性的预防犯罪思想。对于已满16周岁并且以自己的劳动收入为主要生活来源的未成年人,应当承认其对于器官捐献的承诺能力。但对作为承诺基础的认识内容进行欺骗,且对行为人的法益处分决定具有关键意义的情况,可导致承诺无效。同时,应当承认对尸体器官存在紧急避险的可能性。但在紧急避险的法益衡量问题上,应当坚持具体判断的原则。

The relevant provisions on organ crime have been added to the provisions of the crime of intentional injury in ＂Criminal Law Amendment （8） ＂. Among them, the provisions on property penalties more reflect the u- tilitarian crime prevention ideology;and for minors who have reached the age of 16 and have used their own labor income as their main source of life, they should acknowledge their commitment to organ donation. However, de- frauding the content of the understanding as a basis for the pledge and having a crucial significance to the deter- mination of the perpetrator＇ s legal benefits can lead to the invalidation of the promise; at the same time, the possi- bility of emergency avoidance of the organs of the dead should be recognized, but on the issues to measure the le- gal interests of emergency avoidance, we must adhere to the principle of specific judgments.