Criminal Protection On Zygote, Embryos And Fetus

Zygote, embryos and fetus are three phases our human beings need to go through.However, the creatures that are getting through the three phases are not human at the legal point. In Civil Law, rights ability start at the moment we get birth to the world,and it end in the day we die. So, when we are in the phases of zygote, embryos and fetus, we don’t have rights ability. Then, whether the interests of zygote, embryos and fetus should be protected or not, and how to protect them, many problems exist here.Nowadays, our countries don’t have special legislation in this area, only some clauses exist not orderly in the Population and Family Planning Law, Maternal and Child Health Care Law, Inheritance Law. There are also not formulated in Criminal Law if zygote, embryos and fetus are infracted, we should punish these behaviors according to the criminal charge of Illegal Practice of Medicine or something else.Therefore, the paper will elaborate the issue that how to protect the interests of zygote, embryos and fetus at the point of Criminal Law, just as follows: Firstly, the meaning, criteria and status of zygote, embryos and fetus, from the angle of Biomedical and Law. Secondly, the necessity in Criminal Law to protect zygote,embryos and fetus. n reality, the abuse of the biotechnology causes a lot of social problems, which is bad for our values and the social order.In the point of ethics, the criminal acts to the zygote, embryos and fetus, not only offend human dignity, but also disdain our personality. Our Chinese Criminal Law doesn’t catch up with the technology developing, the more technology developing, the more criminal species and methods appear, which made our Chinese Criminal Law couldn’t punish these dangerous criminal behaviors. Thirdly, crime about zygote, embryos and fetus. The paper will start from five behaviors such as theft behavior, business behavior, hurt and destroy behavior, information rules violation behaviors, technology abusing behaviors. Fourthly, legal grounds for harming zygote, embryos and fetus behavior. It mainly includes government policy, the using of medical technology, and purpose for protecting mother’s health and so on. Fifthly, our Chinese Criminal Law’s clausesabout zygote, embryos and fetus. This part mainly talk about Chinese legislation about protecting zygote, embryos and fetus’ s rights, especially Criminal Law, then put forward some recommendations according to the problems there.