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On Legal Protection Of Fetal Life Right

Posted on:2016-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:T B NiuFull Text:PDF
GTID:2296330461962401Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The right to life is the most basic, the most important right. With the development of the society and the improvement of consciousness on protecting human rights, people gradually focus on the right of life. The fetus is a necessary stage for human beings, which is the original form of life. The attention to fetal life is equivalent to the right of life. The fetus and natural person both are human beings in essence. With the continuous improvement of the human rights consciousness, the protection of the right to life on the fetus gets more and more attention in most countries. This paper intends to provide theoretical basis for strengthening the legal protection of the fetus` life right.The first part of this article focuses on demonstrating the legitimacy of fetal life right. From the view of medical biology, the fetus has the basic characteristics of the human beings. We should protect it. From the view of ethics, the fetus is a limit person. We should respect their right to life. From the perspective of jurisprudence, the fetus has the form of life. From the respect for life and the complete protection of human beings, we should affirm the right of life to fetus. To protect the fetus’ s right to life is equivalent to protect our people itself. Fetal life, therefore, obtains the legitimacy basis to the protect the law.The second part of this article demonstrates the necessity of protection of fetal life. Comparing the damage of fetal life right with fetus protection legislation situation, we know that legal protection of fetal life is lower in our country. Our law has a serious shortage about the protection of the fetus` right to life, so it is necessary to solve these problem.The third part of this article analysis the feasibility to protect the fetus of the right to life in our country. Conditions of protecting fetus have been basically mature. In theory, it is feasible to protect the right of fetus. In reality, we need a set of effective institutional system. Therefore, this article suggested that protecting fetus’ right to life should follow several aspects: At first, we should strengthen publicity and education, improve the consciousness of the people to protect the fetus’ right to life; Secondly, improve laws and regulations to protect the fetus’ s right to life; At the third place, regulate the population policy, coordinate the relationship between fetal right of life and the population policy. At last, improve the level of social security to protect the fetus from other damage.
Keywords/Search Tags:Fetal life, Legal protection, Legitimacy, Necessity, Feasibility
PDF Full Text Request
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