Criminal Law Evaluation On The Act Of Injuring Fetus

For the fetus when born for people to give it in the criminal law protection to the "person" this one problem, the criminal theory of continental law system and Anglo American law system in the colloidal fuzzy state.Though there are differences, but not be quite distinct from each other. Each country internal views on this issue will not lump together. Fuzzy boundaries of fetus and human interpretation of them is in the occurrence of fetal harm behavior, how to carry on the evaluation of criminal law, and the problem of fetal in criminal law whether to have independent legal interests.In this regard, national scholars have divergent views.As growing voices of human rights protection in countries,how the behavior of the fetus against the scientific evaluation has its research value in the field of criminal law.Relative to Japan and other typical civil law countries,the act of injuring embryo on how to evaluate the criminal law dose not attract enough attention in China.In this view,the paper argues it has the research value on how to evaluate the act of hurting fetus in the criminal law,so I intends to combine the basic theory of criminal law to explore the behavior of fetal harm in the criminal law in field of scientific evaluation.This paper is divided into five parts,a total of 29,000 words.The main contents involved are as follows:The first part is "the basic definition of fetal action" s injury ". This paper discusses the injury of the fetus, and is the concept of the fetus at the beginning of the text.. Given birth conversion time is the key difference between the fetus and the people, is the basis of, and responding to domestic criminal law academic circle of criminal law theory in the beginning period of neglect, with their own interest, hence the decision of criminal law in the beginning period of some discussion and research. On academic main several born said were simple comb, and points out the advantages and disadvantages of various theories. At the same time, on the view of beginning, only in time will the fetus and distinguishing to ensure discussed below is hurt "fetus" behavior rather than hurt the behavior of "people". Then centering on fetal harm behavior object, in view of the need to discuss the direct harm to the fetus and indirect harm the fetus two damage behavior, hence delay damage out of the concepts, methods and results.The second part is "the problem of the criminal law of the harm fetus.". In view of our country present stage within the framework of criminal law not to harm the fetus behavior clearly defined, there is a such as the legislative blank, no according to laws and theoretical differences and other issues in judicial practice, this part mainly on these problems were briefly described, made a foreshadowing for following on the card.The third part is the theoretical basis of the evaluation of the criminal law of the injured fetus. ". Have in view of China’s criminal legislation about hurting fetus gaps and the theory of criminal law is not mature, this part first elaborated the overseas on the status of the protection of the fetus, introduces the abroad of fetal independent criminal legislation protected mode, to protect the fetus subordinate legislation mode and the fetus for innocent treatment mode, through the interpretation of relevant overseas legislation and theory of criminal law, with a view to our country in dealing with problems of fetal harm to provide ideas. Then it introduces the domestic legislation on the protection of the fetus "benefits", taking into account the system of the line, this part of the first part of the "interest" of some of the issues. Whether the fetus has interest, is a problem that can not be ignored. Subsequently, some measures of protecting the fetus in China were pointed out, and the different attitude of civil law and criminal law about this problem was demonstrated..The fourth part is "the criminal law system of harm fetus" s behavior ". The foothold of the article is part of the theme, in our country criminal law not to harm the fetus behavior of a clear legislative provisions, how to carry on the evaluation of criminal law is the core problem to be solved in this paper. This part firstly expounds the argument of the article, think of fetal harm behavior constitute an infringement of the maternal reproductive rights of a criminal injury; then explore the male reproductive rights can become the legal interest of criminal injury; then points out that the cannot simply be healthy in general is hurting fetus in legal interests. Finally this part also in view of the current academic circles hope by amending the law to solve the evaluation of criminal law in the fetal harm behavior is proposed for his opposition to the idea.