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《Fudan Journal(Social Sciences Edition)》 2010-06
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The Enlightenment of the Law of Organ Transplantation in Korea to China

MO Hong-xian1 LI Ying-feng2 (1.Center of Criminal Law Research;2.School of Law,Wuhan University,Wuhan 430072,China)  
The law of organ transplantation in Korea contains almost all items about organ transplants.This article mainly discusses three questions:the brain death,the agreement of organ donation,and the regulation of criminal law on human organ's trade.It sheds light to the organ transplanting legislation of China:Firstly,we don't have to adopt the criterion of brain death in our legislation.Secondly,the organ donor's effective agreement is the core condition of picking living-organs.Thirdly,in order to regulate the behavior of human organ's trade by criminal law,the related crime should be written into the amendatory acts of criminal law.Taking into the urgent situation of both seller and buyer,reducing penalty's matters should be taken into consideration.Meanwhile,middleman and criminal gang who engages human organs'trade should be cracked down severely.However,the trade is rooted in the insufficiency of donative organs,and the regulation of law is not a permanent cure.
【Fund】: 国家社会科学规划课题“医事刑法问题研究”(项目批准号:09BFX068)的阶段性成果
【CateGory Index】: D922.16;D931.26
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