器官移植日益成为人们关注的焦点问题,由于我国法律制度尚不健全,禁止器官买卖的措施执行不严,再加上人们对器官的需求量的增加,这些都使器官移植的犯罪日益猖狂,尤其是尸体的器官移植出现的法律问题最多。器官移植的概念虽然简单,但是其原则却比较复杂,并且适用起来也相对困难。在理论界,争论比较多的是人体器官的法律属性。对于尸体器官移植问题,在原则和承认方式上存在一定的争论。并且对死刑犯尸体器官的移植,司法机构要细化法律规定,与金钱脱钩。与此同时,还应加强生命法学的宣传力度和建立健全器官移植的相关制度,杜绝器官移植的犯罪。 Organ transplantation has increasingly become the focus of attention. Due to the imperfect legal system in our country, the prohibition of organ trading is not strictly enforced. Coupled with the increasing demand for organs, the crime of organ transplantation is becoming increasingly rampant. In particular, There are most legal issues with organ transplants. Although the concept of organ transplantation is simple, its principles are more complicated and relatively difficult to apply. In theorists, the controversy is more about the legal attributes of human organs. There is some controversy about the principles and ways of recognition of the organ transplant. And for the death of prisoners transplant organs, the judiciary should refine the legal provisions, and money decoupling. At the same time, publicity of life law should be strengthened and related systems for organ transplantation should be established and perfected to prevent the crime of organ transplantation.