伤害胎儿行为刑事处理问题研究

Criminal Approach on the Act of Injuring Embryo

目前我国的刑法体系无法包容伤害胎儿的行为,从狭义的伤害胎儿行为出发,对我国实践中伤害胎儿行为处理办法和理论争议进行总结和评析,以承认出生后为活体的"人"在胎儿时期的生命和健康是一项刑法法益为前提,提出了增设故意伤害胎儿罪的主张,并对故意伤害罪的构成要件和罪名安排进行了具体的设想。

At present, the act of injuring embryo has not been included in the current criminal law system in China. Based on the narrow definition of injuring embryo, this paper makes an analysis and discussion on the practical methods and the dispute concerning the act of injuring embryo. It is admitted that once being born alive the embryo’s life and health is a kind of criminal legal interest. Built on such idea, the paper proposes that it is necessary to add a new crime of deliberately injuring embryo. Also it puts forwards the specific ideas on the constitution and arrangement of the crime.