论非法组织卖血罪的几个争议问题

本文剖析了非法组织卖血罪的主要的组织卖血的形式，并认为与“血霸”、“血头”勾结的相关采供血及血制品生产单位的人不能都认定为是共犯；以组织者无需为能够卖血再进行下一环节活动时为犯罪既遂的标准；犯本罪对他人造成伤害转化故意伤害罪的规定，同样适用于本罪，但对伤害无论理解为“轻伤”还是“重伤”都存在罪刑不均衡的问题，但以理解为“重伤”为宜；这里的“他人”应该是指卖血者本人不包括用血者。

On Several Controversial Issues Concerning the Crime of Illegally Organizing Blood-selling

This paper analyzes the major forms of illegally organizing blood-selling. It maintains that people who work in the blood picking and supplying companies as well as the blood product producers can not be identified as accomplices just because they have some connections with the so-called blood tyrants. It regards the time when the organizers do not need to proceed next action in order to sell blood as an accom- plished criminal offense criterion. The provision of the conversion from some harm-causing crime to intention- al injury crime also applies to the crime of illegally organizing blood-selling. But whether the injury should be considered as ＂minor＂ or ＂serious＂, the imbalance does exists in the crime and punishment. This paper ar- gues that it is better to regard it as ＂serious＂ injury. The ＂others＂ here should refer to those who sell blood instead of blood recipients.