The Legal Protection And Limit Of Abortion Rights In China

With the advertisement abortion operation which spread unchecked increasing, the abortion is not the words make people shame to Chinese in recent decade. The changing of concept, the progress of medical technology and even the better economic conditions make the abortion operation simple. It is easy to accept the abortion operation to women in nowadays’ China. But the compelling abortions always happened at the same time, and it would lead the infringement of the human rights. The abortion operation inundant, risky and dangerous is related to the protection of women rights, the happiness of family, the social stability and even the development of our nation. Face to the behavior of abortion which is lack of legal constraints, how to limit the behavior of abortion to make it be protected by legal system became an important issue today. This paper will start with the concept and the feature of Abortion Right, try to analyse the current situation of legislation, administration and the judicature to research the reason of legal constraints lacking about Abortion rights in condition of our country’s social situation. To be the author, I try to stay in the view of jurisprudence, use the theory of substantive law, procedure, law value and right balance to find the relationship in right of freedom, birth, fetus and abortion. I will refer to the researchment of other countries’ abortion right to seek the useful theory or rule which is suitable to China In the same time. I hope this paper could provide our country the theory of abortion right protection and the building of the legal system. At last I expect my paper could lead the public pay more attention to the repairation of the abortion right’s rule lack, and thinking how to balance the developments of birth right and the other rights for the sustained developmet of our society.