The Criminal Law Regulation Of Fetal Trauma In China

Fetus,one of the special life entities,the related legal issue of which is always controversial.In our country,induced abortion is relatively open compared with other countries.The history of it can be traced back to the Han Dynasty.In modern times,because of the swelled population,great pressure is brought about to the social development and natural resource consumption.Therefore,our country established and implemented one-child policy in order to control population.On this occasion,the legal induced abortion can receive legal protection.However,the two-child policy carried out this year,This change in population policy indicates that at which an fetus can be called,a person can be appropriately advanced.In addition,how should the behaviors such as illegal abortion and the infringement of the right of life be judged in our criminal law also deserved be discussed.Though these studies wants to explore and analyses the regulatory ways to the fetal death and injury in criminal law of China.In criminal law,except the crime of illegally conducting operations,there is no other statue that is particularly established about fetus.Nonetheless,the intention or mistaken behaviors that lead to the fetal death would be convicted of infringement of mother right.In this way,fetus is protect maters and then regulate injurious behaviors to fetus.If there is,no maternal injury or not so serious,it can be solved by tort compensation according to the civil law.All in all,except for the deficiency in the fetal and compulsory abortion,our criminal law have provided a comprehensive regulations on injurious behaviors to fetus.