22Evidence A

Don’t sell your own organs, and don’t help others find donors: a kidney brings in just over $20,000, but the same kidney can be sold to a patient for $200,000. All proceeds are seized, plus a fine of 10–20 times the transaction amount.

There is no legal way to “match donors online and pay cash on the spot.” Living donors may only give organs to their spouses, direct blood relatives, or collateral relatives within three generations. Financially, it’s a poor deal: in a Beijing case, kidney sellers received only $20,000–$25,000, while the same kidney fetched $180,000–$220,000 when sold to a patient. All money earned is confiscated, followed by a fine of 10–20 times that amount. The physical toll of losing a kidney is described in Section 1, Item 35 (the remaining kidney then has to perform the work of two). In total, 28 people were convicted in this case, and the total illegal proceeds amounted to 10.34 million yuan.

Cost

There’s no expense or time involved. All you have to do is…

Benefit

Article 5 of the Regulations on Human Organ Donation and Transplantation states: “No organization or individua…

Cost

There’s no expense or time involved. All you have to do is simply refrain from doing it.

Benefit

Article 5 of the Regulations on Human Organ Donation and Transplantation states: “No organization or individual may buy or sell human organs in any form, nor engage in any activities related to such transactions.” Article 10 adds: “No organization or individual may obtain living organs from anyone under 18 years of age for transplant purposes.” Article 11 limits recipients of living organs to spouses, direct blood relatives, or collateral relatives within three generations. Article 37 specifies penalties for organ trafficking. Offenders face seizure of all illegal profits and fines of 10–20 times the transaction value, imposed by local health authorities. Medical staff involved may have their licenses revoked and be permanently barred from practicing medicine. Criminal acts are prosecuted under criminal law (effective May 1, 2024; the previous Regulations on Human Organ Transplantation are hereby repealed). Article 234-1 of the Criminal Law stipulates: “Anyone who organizes others to sell their organs shall be sentenced to up to five years in prison and fined; repeat offenders face more than five years in prison, fines, or asset confiscation.” Three additional scenarios are punished under Articles 234 and 232: removing organs without consent, removing organs from anyone under 18, or coercing or deceiving someone into donation — all treated as intentional injury or homicide. Two notable cases illustrate these risks. First, in 2014, 15 defendants in Beijing were convicted of trafficking 51 kidneys; donors received only $20,000–$25,000 each, while patients paid $180,000–$220,000 per kidney. The operation took place in a rundown, unequipped building rented for $7,500 per month; the ringleader got 12 years, others 3.5–9 years. Second, a 17-year-old in Chenzhou sold his right kidney in 2011 for $22,000; the buyer paid intermediaries $150,000 plus $10,000, and the mastermind kept $56,000. Post‑surgery, the teen suffered permanent kidney damage, classified as serious injury and a third‑degree disability. In total, 190,000 yuan and 210,000 yuan were also confiscated from the offenders as part of these penalties.

Original sources

国务院 (2023). 人体器官捐献和移植条例(国务院令第 767 号,第五、十、十一、三十七条). https://www.gov.cn/zhengce/zhengceku/202312/content_6920196.htm;全国人大常委会. 中华人民共和国刑法(经刑法修正案十一修正的整合文本)第二百三十四条之一. https://flk.npc.gov.cn/detail?id=ff808181796a636a0179822a19640c92;最高人民检察院 (2012-04-09). 「少年卖肾买苹果手机」案诉至法院. https://www.spp.gov.cn/gs/201204/t20120409_34342.shtml;河北省廊坊市中级人民法院官网转载 (2014-09-02). 全国最大贩肾案终审 组织者摘肾 51 枚获利千万. https://lfzy.hebeicourt.gov.cn/article/detail/2014/09/id/1430881.shtml

Open source link
Book note

The real beneficiary is yourself. The true cost of this “deal” isn’t just $20,000; it’s trading a vital organ for a smartphone. The teen’s injury was deemed serious and permanently disabling — not something a few months of rest can fix. Prosecutors charged five defendants under Article 234‑2 for intentional injury, partly because doctors failed to verify the donor’s age before surgery. Today, organizers would be convicted under the organ‑trafficking statute, while removing organs from minors would still be treated as intentional injury. Black‑market operations occur in rented apartments or makeshift clinics, lacking proper screening, follow‑up, or accountability. If you wish to donate, follow Article 11: use a licensed transplant center, obtain ethics‑committee approval, and do it free of charge. Post‑mortem donation is a separate, voluntary process not covered here. The physical consequences of losing a kidney are detailed in Section 1, Item 35 (the remaining kidney then has to work for two). When money is so tight that selling an organ seems like an option, first explore Section 7’s safety nets — unemployment insurance, emergency aid, and dibao. Beware of online loans and “packaging‑material” financing schemes described in Section 6.

My note