胎儿利益的刑法保护——以日本法为视野

On the Criminal Protection of Fetus's Interests——In View of Japanese Criminal Laws

胎儿利益是否需要受法律保护,这在现代社会是不言而喻,而我国刑法对此却没有相关规定。为了更好的保护胎儿的利益,我国刑法应该借鉴日本的刑事立法。

Criminal laws of Japan regulate the protection of fetus＇s interests, but criminal laws of our country have no regulation about this. In order to protect fetus＇s interests better, our country should learn from criminal laws of Japan： the standard of birth of a person is better to use “the doctrine of a partment out”; abortion is better to be convicted; the problems of fetus＇s death and crime of injury. damage are better to be prosecuted according to crime of injury.