| Sometimes there is a conflict between different rights, one of the most important types is the conflicts between fetal life rights and women’s right to abortion, since the parasitic fetus in the mother’s body, but enjoy the rights that independent of their mother, then the conflict will be inevitable. The formation of a conflict between the rights, we need to build a legal balancing mechanism to reconcile the conflicting. How to correctly handle the conflicts between fetal life rights and women’s right to abortion, not only relates to the personal interests protection, at the same time in relation to the major national and social interests, However, Chinese scholars do not have too much concern on this issue, the law also did not pay attention to. Therefore, this paper intends to study on the conflict between fetal life rights and women’s right to abortion, take the current imbalance in fetal life rights and women’s right to abortion as a starting point, discusses the performance and the reasons of the conflict, and then settled in solving our country’s imbalances.This paper is divided into four parts, the first part is the “China’s status quo of the conflict between fetal life rights and women’s right to abortion”, On the one hand describes the abortion prone of our country currently, and analysis its causes; the other hand is about the inadequate protection of fetal life rights behind the prevalence of abortion. The imbalances of fetal life rights and women’s right to abortion conflict in China was revealed beyond doubt.The second part is “the performance and reconcile of fetal life rights and women’s right to abortion conflicts in foreign country”, Introducing the typical American model and the German model. In the United States, the Supreme Court did not think the fetus is a human in the Constitution; women enjoy the freedom of abortion. However, during late pregnancy state has a legitimate interest to restrict or even prohibit women abortions. In Germany, the Federal Constitutional Court held that the fetus is a person in the Constitution, the State must provide protection for then, and women were not allowed abortion at will, unless prior to twelve weeks of pregnancy and after a rigorous process, otherwise it will be positioned crime.The third part is “the main origin of fetal life right conflict with women’s right to abortion”, In-depth analysis of the legal cause of the conflict. The reason of fetal life rights and women’s right to abortion confliction, not only respect to moral and religious, but also about the conditions and legal. Implementation of the family planning policy to promote the frequent occurrence of abortion, which is one of the important reasons to stimulate conflict.The conflict between women’s right to abortion and fetal life rights also due to the recognition of the fetus rights in legal. Secondly, the object of women’s abortion rights conflict with fetal life right’s, which is the root cause. Finally, because the women’s right to abortion is a freedom rights, women can totally decide matters related to their own interests.The fourth part is the “legal balancing of the conflict between fetal life rights and women’s right to abortion”, discusses how to reconcile the conflict from legal perspective. Firstly, analysis the law related to abortion within our legal system, and pointing out its deficiencies. Secondly, combined with above abroad outstanding practice, conflict situation, legal sources, suggest the future legislation should be clear to protect of the fetus life right, and also propose to amend the 《population and family planning policy law》 to restricting mid-term and terminal stage of abortion. |
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