警察侦破人体器官犯罪之困境及对策研究

近年来,人体器官犯罪在我国日显猖獗。《刑法修正案（八）》颁布之前,对此类行为仅以非法经营罪尴尬规制。对此,我国《刑法修正案（八）》新增罪名组织出卖人体器官罪。然而,该罪名虽已出台近乎一年,全国各地在司法实践中启用此罪名的判例却寥寥无几。这在某种程度上说明在立法和司法均已完备的基础上,公安机关对此类犯罪行为的行政执法发面存在一定不足,使该类行为不能被绳之以法。本文欲分析目前我国人体器官移植现状、人体器官犯罪情况、总结其作案特征,概括公安机关在侦破人体器官犯罪时面临的问题,从而提出有效的解决对策,以提高对此类犯罪行为的打击力度。

A Study on the Dilemma and Countermeasures of Police Solving Human Organ Crimes

In recent years,human organ crimes are increasingly rampant in China.Such behaviors are regulated as the crime of illegal business operations embarrassedly before the promulgation of the 8th Criminal Law Amendment.For this reason,organizing and trafficking human organ crime was added in the 8th Criminal Law Amendment.However,the crime has been enacted nearly a year while there are very few legal precedents using this kind of charge in judicial practice all over the country.It shows that there are certain shortcomings in dealing with such crime behaviors for public security organs so that such behaviors can’t be brought to justice,even though there are complete legislation and justice.This article put forward effective countermeasures to enhance the fight against such crimes by analyzing the current situation of human organ transplant and human organ crimes,summarizing the characteristics of committing this kind of crimes and generalizing the confronting problems for public security organs when detecting such crimes.