The Nature Of Criminal Law Of Intentional Fetuses Injury

From successful fertilization to birth, people's growth may follow many stages, fetus growth is one which is a necessary stage and the development of the fetus health relate to the continuation and development of human beings. Most of the countries give legislative protection to protect the health of fetus. But look at the status of our legislation, the provisions related to the interests of the fetus is almost in a vacuum, only involved in the civil law, the criminal legislation about fetus still in a blank area. Theoretically, the problems of the basic properties and whether the fetus harm act constitute intentional injury crime or not has not formed a unified point. Both the blank in the law and the divergence in the theory, lead judicial practice department produce two very different results in handing cases of fetal injury. Fetal are not person, they don't have the interests protected by criminal law, but fetus'health relate to people's health, relate to the continuation and development of human society. The state should give the most important and the most effective protection to fetus. There is no doubt that as the most severe kind of sanctions, the criminal law characterize the intentional fetus harm as a crime can deter criminals effectively, and clear ethical and legal boundaries, as to protect social stability. In addition, from the "family planning" policy implemented in the last century to the implementation of the "separate two-child" policy in 2013,and then the implementation of the "full two children" policy just this year, fetus' position is no longer what it was before. Criminal law protect fetus has its rationality and necessity, it suit the trend of social development, while the purpose of today's family planning policy is not in conflict, that is, to maintain the continuity of human society.Fetus is one of the special beings which not only different from the "human" but from the "substance", it has special value and attributes. Fetus and mother are inextricably linked, fetus attached to the mother, the people who want to harm the fetus damage the reproductive function finally. The fetus harm behavior characterized as normal reproductive function of the infringement, eliminate the pregnant woman and the doctor abortions'criminal.. On the one hand, it meet the requirements of current legislation. On the other hand, it takes the country's population policy, the social security system into account. It is a practical approach based on the China.The principle of legality prohibit the defendant analogy which is disadvantageous. Criminal law's function shall be visible to the meaning of criminal law context, exceed the category of the meaning belong to analogy. The criminal law recognizes the value of the fetus, but it certainly does not mean that the protection conferred on its independence of Criminal law. Intentional assault's object is legal interests of people, it couldn't change the interpretation of the fetus in any way. Combine the actual situation which abortion is not a crime in our country and family planning is the basic national policy, it is the most appropriate behavior in our current criminal law context evaluation methods which characterized the fetus deliberately harm as assault on maternal reproductive function.