组织出卖人体器官罪的构成及认定

近年来，我国有关人体器官买卖的危害行为日益猖獗，严重威胁到广大人民群众的生命健康安全。基于此，刑法修正案（八）第37条明确规定了组织出卖人体器官罪，《刑法》第234条把组织出卖人体器官行为作为刑事犯罪进行打击。文章通过刑法规定的犯罪构成要件，分析了本罪的构成，即本罪的犯罪客体是公民的生命健康权利和国家器官移植医疗管理秩序；犯罪客观方面表现为非法组织他人出卖人体器官的行为；犯罪主体是一般主体；主观方面是故意。因此，司法实践中准确把握本罪与它罪，一罪与数罪的界限非常必要。

Constitutive Elements and Identification of Organizing and Trafficking Human Organs Crime

In recent years, the increasingly rampant human organ trafficking acts have been severely threatening the safety of the mass lives and health. Therefore, Article 234 of the Criminal Law stipulates the acts of organizing and trafficking human organs are combated as criminal offence and Article 37 of the Amendments （the Eighth） of the Criminal Law stipulates the crime of organizing and trafficking human organs clearly. Based on the constituent essentials of the crime in the Criminal Law, this article analyzed its constitution, that is, the object of the crime is the rights of citizens＇ lives and health and the order of national organ transplant medical treatment management and its objective aspect manifests the act of organizing others to sell human organs illegally while the subject of the crime is the general one and its subjective aspect is intentional. Therefore, it is absolutely essential to exactly master the boundaries of the crime and the other, one crime and several crimes in judicial practice.