Research On The Constitutional Protection Of Fetal Right To Life

With the continuous development of biotechnology,the biomedical view is that the fetus is not a subsidiary of the mother in nature,and the fetus has its own independent value,which is the initial stage in the process of human life development.There are many countries in the world to give the fetus the constitution of the main body status,but look at our country's laws,there are few provisions on fetal protection.The reason why there are few provisions on the protection of fetus in China is that our country does not recognize the fetus as the main body of the constitution,and does not recognize the fetus to enjoy the right to life.The disregard of the state for the protection of the right to fetal life leads to the weak awareness of the public on the respect for fetal life.In reality,the phenomenon of infringement on fetal life keeps happening,among which the most prominent one is abortion.Respecting and protecting the right to fetal life can effectively alleviate the problems of aging population and gender imbalance.Protecting the right to fetal life is also an inevitable requirement of human rights protection.The birth of a fetus is not only related to the interests of a family,but also to the future development of a country.Therefore,in line with the trend of The Times,it is imperative to strengthen the respect for life and the protection of the right to fetal life.The protection of the right to fetal life should be guided by the constitution.In this context,in order to guide the society to respect the life of the fetus,the protection of the right to fetal life should first affirm that the fetus belongs to the people in the constitution,and the fetus enjoys the right to life.At present,there are mainly theories on the protection of the fetus' s right to life,including the theory of rights and abilities,the theory of legal interests of life and the theory of extended protection of personal rights.The theory of rights and abilities attaches more importance to the respect for life itself,which is more suitable for China's legal system and plays a decisive role in the protection of fetus in China.Since the woman is pregnant,it is interdependent with the fetus' s lips and teeth.The conflict between the fetus' s right of life and the right of abortion is inevitable.How to balance the conflict between the two is a problem of value choice.When the fetus is a serious threat to the life of the pregnant woman,it is more acceptable to protect the mother's life.The exercise of any right needs to be reasonably restricted,and the value of life is greater than anything else.Therefore,when the right to life of the fetus conflicts with the freedom of abortion of the mother,theright to life of the fetus is more worthy of protection.However,the protection of the fetus' right to life is a gradual process and cannot be accomplished overnight.Therefore,we can learn from foreign constitutional protection of fetal life and improve our protection measures.First of all,the constitution should determine that the fetus is the main body of the constitution,and the right to life of the fetus is protected by the constitution.We should uphold the concept of respecting life in the constitution and improve the legislation on protecting the right to fetal life in China.Meanwhile,we should not infringe on women's right to abortion.Then,in view of the problems of inconsistent judgment of infringement cases and incomplete and ununified compensation for damages in judicial practice,the Supreme Court can issue guidance cases on fetal infringement,unify the compensation standards for damages,and include the compensation for fetal death into the scope of compensation standards.Finally,we should adhere to the principle of legal reservation,and finally form a diversified abortion regulation model by protecting the fetal right to life by stages,establishing abortion consultation procedures and waiting procedures,so as to effectively and comprehensively maintain the relationship between the fetal right to life and the right to abortion.