论中国古代法律对孕妇人身权的保护

On the Protection of Civil Rights of Pregnant Women in Ancient Chinese Law

中国古代法律非常重视对于孕妇生命权、健康权的保护。西周时期的法律就有对孕妇死刑缓刑的规定,《北魏律》规定孕妇犯死罪产后百日行刑,这一规定一直沿用到清代。另外,中国古代法律禁止对孕妇进行刑讯与施加笞、杖刑,严惩斗殴致孕妇堕胎与强迫孕妇堕胎的犯罪行为。中国古代对于孕妇生命权与身体健康权的保护首先是基于儒家的仁政思想与恤刑法律文化,其次也与古代对胎儿享有生命权的观念有关。

Ancient China highly paid attention to the protection of the right of life and health of pregnant women. In West Zhou Dynasty, the law had established probation system of death penalty to pregnant woman, and in the North Wei Dynasty, the law definitely stipulated that pregnant woman who was sentenced to death should have been executed after one hundred days of postpartum. In addition, the ancient Chinese law prohibited torturing pregnant woman and executing heavy-stick punishment to pregnant woman, and it severely punished the crime of abortion by using violence or using drug. The purpose of protection of pregnant woman＇s right of life and health in ancient Chinese law was to protect fete＇s right of life.