Exploration Of The Regulation Of Sex Selective Abortion In The Criminal Law

Despite repeated prohibitions, sex selective abortion has been existed in China for a long time with deep-rooted reasons from family or society. It raised many serious social problems, as the damage to physical and psychological health of pregnant women, the threat to family stability, the infringement to social security, which can not be ignored. In consideration of the reality of large population in China, except to curb the rapid population growth, both improvement of population quality and upgrading of social population structure need to be taken into account seriously. The attention to sex selective abortion signifies the new thought of population concept. China’s existing regulations and laws can not effectively solve these problems. Although there are several related regulations in current criminal law, which embody the protection of these legal interests, they can not deter the behaviors mentioned above. There are some researches towards this problem, such as taking it into the crime of illegally practicing medicine. Because of the defects on behaviors cognizance or system construction, we need to consummate the related solution mechanism through further research. Considering from the perspective of criminal law under the current system of legal rules, it is necessary to place it into criminal law system.This prospective research does not infringe those fundamental principles, just like modest and restrained principle and principle of legality. Although reasons for sex selective abortion are extremely complicated, one of the important reasons is just the lack of the related criminal legislation. Because of the severe social harmfulness, the regulation of sex selective abortion in criminal law is not abhorrent from the modest and restrained principle of law. The conflicts between the stability of criminal law and the variation of the society demand that criminal law should be changed as required. With expressly prohibited of the constitution of this crime, the principle of legally prescribed punishment can better be realized and the spirit of law can better be vindicated. Certainly such exemptions and exceptions as diseases, which are closely related to sex etc. should not be included in consideration of proportionality and appropriate intervene from national public power.In order to assert the crime, subject of crime, subjective aspect of crime, object of crime and objective aspect of crime should be explicitly stipulated. To maintain the authority and stability of our criminal law system, such factors should be weighed as demarcation of fetus in criminal law, balance between maintenance of the fetal interests and right of female privacy etc. Despite of many differences between fetus and people, to safeguard the rights and interests of fetus is definitely indispensable, however, which does not equal to the violation of female privacy due to the relativity itself. On the basis of protecting fetal rights and interests, to provide sufficient esteem to self determination right of the female is from the writer’s point of view the comparatively rational value selection.