生命保护的比较法研究——以存活引产婴儿生命权为中心

A Comparativ Legal Study on the Protection of Life——Focusing on the Right to Life of the Baby Surviving Abortion

近代以来,随着国际社会对生命问题的逐渐关注与重视,诞生了一系列的国际公约和区域性法律文件,各国政府亦通过立法等措施加强对生命权的保障。然而,引产婴儿在火葬场"复活"而后在医院"致死"现象的出现,仍然显示出当今世界生命的法律保护是非常薄弱的。从法理上来看,各国法制及国际法在生命保护方面存在许多问题。因此,本文认为,生命保护首先应当树立尊重生命的人道主义原则,其次则是需要设计一个系统的法律工程。

In modern times, along with the situation that the problem of life is causing growing concern and given more attention, all over the world, a series of international treaty and regional legal document have been formulated, and some measures, including legislation, were also adopted by many states to strengthen the protection of fight to life. However, the phenomena that an abortive baby came to itself again and afterward died in a hospital, betrayed that the protection in law of life is still very weak in our world. Jurisprudentially, on the protection of life in national and international law, there are some flaws. The essence of all these problems can be attributed to the neglect of life, and their theoretical basis is many descriptions of individualism, logicism, utilitarianism, economism and nationalism. Therefore, this paper points out that the protection of life should firstly establish a humanitarian principle of respecting life, and then design a systematically legal project.