Li Hao

PEOPLE who organize the sale of human organs would face a criminal penalty, according to the eighth amendment to the Criminal Law, which took effect May 1.

Criminals convicted of illegal organ trafficking could be charged with the crime of intentional bodily harm (IBH), under the newly amended criminal law. A person convicted of IBH can be sentenced to up to three years in prison, criminal detention or public surveillance. In cases of severe bodily harm, the offender faces a sentence of three to 10 years, according to Article 234,

Cases resulting in death(s) or “severe bodily injury resulting in severe deformity by especially cruel means,” are punishable by prison terms of 10 years to life, or the death penalty, Article 234 says.

“The definition of ‘organizing’ is vague, and it is also hard to define the ‘aggravating circumstances,’ because the laws lack clear explanation,” said Tang Hongxi, a lawyer at Beijing-based Yingke Law Firm, in an interview with China Daily.

Legal experts and judges have been calling for more specific judicial definitions to aid their work.

Some said that the lack of judicial interpretations and a shortage of precedents still pose difficulties for judges.

The Red Cross Society of China and the ministry jointly launched a nationwide voluntary organ donation and allocation system last year, which would work to encourage members of the public to donate their organs after death.