人工流产的法律规制构建探讨

Discussion of construction of legal regulation about induced abortion

目的:为加强对人工流产的法律控制和引导,探讨人工流产在化理学方面存在的问题,规范人工流产实施,遏制人工流产乱象、保障女性权利和健康。方法:本文在对相关概念进行界定的基础上,重点分析国外人工流产法律规制实践以及我国人工流产法律规制现状与问题,从明确医疗机构和医务人员资质的强制性规定,严格禁止胎儿性别鉴定、违背女性意愿和实施大月份人工流产的禁止性规定,到制定引导正确婚育观、鼓励婚前、孕前检查的倡导性规定等几个方面提出法律规制建议。结果:人工流产呈低龄化趋势并且居高不下,对女性的身心健康造成了严重影响。结论:鉴于我国目前关于人工流产的法律规制是零散甚至是空白的现状,建立人工流产的法律规制势在必行。

Objective： To enhance legal control and guidance of induced abortion, explore the existing ethical problems of induced abortion, regulate the conduction of induced abortion, restrain chaotic phenomena during induced abortion, and ensure female rights and health. Methods： Based on definition of related concepts, the practice of legal regulation about induced abortion abroad and the current situation and problems of legal regulation about induced abortion in Chi- na were analyzed, suggestions about legal regulation were put forward in aspects of defining obligatory provisions about qualifications of medi- cal institutions and medical workers, prohibitive provisions about prohibiting fetal sex diagnosis strictly, going against female will, and conducting induced abortion during the third trimester of pregnancy, making advocated provisions about making correct concepts about marriage and pregnancy, encouraging premarital examination and pre - pregnancy physical examination. Results： Induced abortion showed a younger trend and the rate is high, which has adverse impact on female physical and psychological health. Conclusion： In view of the current situation of scattered even blank legal regulation about induced abortion in China, constructing legal regulation about induced abortion is imperative.