Legal Subjectivity:

1. Is the sale of human organs illegal?

Article 1000 of the "People's Republic of China and the Civil Code" Article 6: Persons with full capacity for civil conduct have the right to decide independently in accordance with the law to donate their human cells, tissues, organs and remains free of charge. No organization or individual may force, deceive, or induce them to donate.

If a person with full capacity for civil conduct agrees to make a donation in accordance with the provisions of the preceding paragraph, it shall be in writing, or a will may be made.

If a natural person did not express his disapproval of donation during his lifetime, after the death of the natural person, his spouse, adult children, and parents may jointly decide to donate. The decision to donate should be in writing.

Article 1007 of the "People's Republic of China and Civil Code": It is prohibited to buy or sell human cells, human tissues, human organs, and remains in any form. Buying and selling behavior that violates the provisions of the preceding paragraph is invalid.

From clinical research to translational application, human stem cells have strict procedures and qualification requirements for project establishment, filing and application, and registration. According to current regulations, stem cells extracted from human bodies cannot be directly used as the subject matter of transactions.

2. What are the criminal elements of the crime of organizing the sale of human organs

1. Subject elements: The subject of this crime is a general subject. Anyone who is over 16 years old has the ability to be criminally responsible. Any natural person can become the subject of this crime, and persons under 16 years of age are not the subject of this crime.

2. Subjective elements: The subjective aspect of this crime should be intentional, and negligence cannot constitute this crime. Intention here should be defined as direct intention, not indirect intention.

3. Object requirements: The object of this crime has dual nature. The act of organizing others to sell human organs not only violates the organ seller's right to health, but also jeopardizes the country's medical management order related to organ transplantation. On the one hand, those who organize others to sell human organs treat other people's organs as commodities for sale and trade, thereby damaging others' right to health and integrity. Although one of the prerequisites for the establishment of this crime is that the consent of the organ seller must be obtained, this does not The illegality of the organization's actions cannot be prevented. As the object of this crime, human organs are different from the items traded in the market. They cannot be measured in terms of money and are priceless. The sale of human organs is also an infringement of social customs: on the other hand, the state’s Transplantation has clear regulations and certain procedures to ensure it. Organizing and selling human organs is not conducive to the maintenance of medical management order and undermines this order.

4. Objective elements: The objective aspect of this crime is organizing others to sell human organs. Here it is necessary to analyze the three words "tissue", "selling" and "human organs". This is also the key to distinguishing crime from non-crime, this crime and that crime.

3. What principles apply to human organ donation

1. The principle of voluntariness. Persons with full capacity for civil conduct have the right to decide independently in accordance with the law to donate their human cells, tissues, organs and remains free of charge. No organization or individual may force, deceive, or induce them to donate.

2. Rules adopting statutory formal requirements. If a person with full capacity for civil conduct agrees to make a donation in accordance with the provisions of the preceding paragraph, he shall do so in writing or may make a will. Article 8 of the Regulations on Human Organ Transplantation stipulates that citizens who donate human organs must have full capacity for civil conduct. Citizens who donate their human organs must have a written intention to donate their organs, and they have the right to revoke their expressed intention to donate their human organs. Persons with full capacity for civil conduct have the right to decide independently and in accordance with the law to donate their human cells, tissues, organs and remains free of charge.