论民国刑法中的堕胎罪

On the Offense of Abortion in the Criminal Law of the Republic of China

堕胎罪在清末变法修律时进入中国。民国时期,在制度文本层面,刑法中形成了比较完善和严密的堕胎罪。在司法实践层面,堕胎罪开始实施,引发了舆论界的讨论。堕胎罪进入中国后,与中国传统文化无法完全融合,缺乏政府和社会的助推,其实施效果不尽人意,但在一定程度上促进了社会观念的进步。

The offense of abortion entered China in late Qing dynasty when it reformed politics and laws. In the period of the republic of China, comparatively perfect and strict offense of abortion had formed in criminal law system at text level. In judicial practice level, the offense of abortion came into effect, and initiated discussion. After entering china, offense of abortion could not fully merged with Chinese traditional culture.Its implementation was unsatisfactoried because of the lack of government and society＇s help,but it promoted social idea of progress in a certain extent.