Qualitative Research Of The Behavior Of Harming Fetal Deliberately

At present, for pregnant women but harm to the fetus encroach upon or directly to the fetus itself happen occasionally. It caused a public to deliberately harm fetal behavior nature thinking. Whether this behavior should be condemned, if it is convicted the crime object is pregnant women or fetal or other subject... Because criminal law in our country did not have clear rules, this issue has caused controversy among scholars in the criminal law, the practice of processing vary greatly. Around the hot issues this paper aimed at deliberately harm fetal behavior carried out comprehensive evaluation. Not only described the concept of harming deliberately, characteristics and classification of the behavior of harming fetal deliberately comprehensively. Introducing different theories are discussed about the behavior of harming fetal deliberately in detail too. And the key from the protection of legal interest, the necessity principle, the consistency of the criminal law, for criminal frugality and the family planning policy coordination five aspects introduced qualitative deliberately harm fetal behavior should follow the principle of. Eventually divides the mayhem fetal behavior into the behavior of harming the fetus deliberately cause the fetus death before birth and the behavior of harming the fetus deliberately cause the fetus death or disability after birth two kinds, respectively to qualitative and disposal.The article is divided into four parts. A total of more than thirty thousand words:The first part is an overview of the behavior of harming fetal deliberately. This part aims to clarifying the concept, characteristics and classification of the behavior of harming fetal deliberately. First of all, on the basis of analyzing and integrating current theoretical point of view about the behavior of harming fetal deliberately. Perfecting the descriptions about the formation and occurring time of damage results. The behavior of harming the fetus deliberately in the sense of law is defined as a behavior that can cause the baby in the mother's death before birth and death or disability after birth. Second, clarifying differences from the behavior of harming fetal deliberately and other behavior of harming deliberately in criminal law in view of the object, the behavior consequence occurred as well as the violation of the object, the behavior way and so on aspects of. Finally I divide the behavior of harming fetal deliberately into intentional injury cause fetal antenatal fetal death and disability or death after birth of two categories.The second part, qualitative disputes about the behavior of harming fetal deliberately. In this part, to the comment about behavior of injuring fetal dominated in the current educational world, the author will do a systematic comparative analysis and interpretation. Summarizing them as two types of affirmation and negation, affirmation say again below contains four ideas, namely the integration idea, disable consequence of ideas, isolation thinking and broad rights protection. In addition, from the nature of the behavior of harming the fetus is infringing reproductive rights of couple, harming the fetus is classified as intentional injury may result in penalty inequity and against the principle of a legally prescribed punishment for a specified requirements and so on to illustrate negative point of view. And then through comparative and analysis come to the conclusion that affirmation and negation said each have defects. Qualitative to the behavior of harming fetal deliberately, we cannot fully comply with certain said, also cannot cast surely said set aside, enable all negative. But we should point to qualitative analysis of the situation according to the behavior of harming fetal deliberately which can lead to all sorts of results.The third part is about qualitative principles about the behavior of harming fetal deliberately. This part aims to clarify the principle that should be followed by us when determine the nature of the behavior of harming fetus deliberately. Think whether it is from the protection of legal interest, principle of necessity of criminal law, and with the family planning policy coordination, the consistency of the criminal law, or to the point of view of criminal law thrift. One size fits all qualitative deliberately harm the fetus sin is not appropriate. when determine the nature of the behavior of harming fetal deliberately we should insist on the principle of legal interest protection, insist to the principle of necessity of criminal law, adhere to the principle of consistent with the criminal law, adhere to the principle of criminal law thrift and adhere to the principle of coordinated with the family planning policy.The fourth part is about my perception of qualitative and disposal the behavior of harming fetal deliberately. In this part the author divides the behavior of harming the fetus deliberately into the behavior that causes the fetal death before birth and the behavior that causes the fetus death and disability after birth two big kinds. Produce the result that killing the fetus before birth and the mother is detrimental. We should adhere to the affirmation. Mother maternal condition is negative. And the definition of the scope of the offender and the liability subject, mother maternal condition cases to imputation principle of prenatal fetal death, etc problems proposed my own disposal. And cause disability and death results after birth, regardless of the mother with and without damage. We should be affirmation to determine a nature of the behavior of harming fetal deliberately. At the same time, the author in the premise of this result is also against the offender to define the scope, proof, time to determine and the matrix damage cases of crime number recognition at the same time and so on disposal problems put forward its own opinion.