Wang Wenkui, a judge with No 2 Criminal Court in Xicheng, told China Daily that human organ trafficking is not yet a specific offence, meaning the suspects could only be charged with conducting an illegal business operation.
Tang Hongxin, a Beijing-based criminal lawyer, said on Thursday that a more specific charge is needed.
"The charge, conducting an illegal business operation, is, to some extent, too wide to properly punish the criminals, which is a loophole in our criminal law.
"The sale of organs transgresses morality but has a profitable market in China these days," he said.
The latest draft amendment of the Criminal Law, which is now under discussion at the Standing Committee of the National People's Congress, may include a specific provision on human organ trafficking.