Because of the huge controversy, the third review of the criminal law amendment (6), delete the "violation of fetal sex determination" of the relevant provisions, to shelve the matter of discussion. Nevertheless, in 24 group discussion, several members of the national people's Congress Standing Committee, should be incorporated into the fetal sex determination in violation of criminal law.
Attend this meeting of the Standing Committee of Fujian Provincial people's Deputy Director Huang Yin die brings a number of members of surprise case-Quanzhou has a doctor, his home and bought a b-instrument for the people doing the fetal sex determination to make a profit. Fujian concerned according to the report to be investigated and the results show that the doctor as others do fetal sex determination in 45 cases, of which 22 cases last chose abortion.
In a sense, this breaches the doctor in the hands of the b-instrument almost became a "killing machines". However, regulatory authorities are, because of embarrassment in the criminal law whether such behaviour is part of the crime have not been provided, the doctor could not be investigated for criminal liability, and finally had to illegal practice it.
Order from the medical industry's Wang yy members are worried that, in some places, violations of fetal sex determination is no longer the individual phenomenon, but is formed a gang breaches — in some hospitals, from hospitals to rural health clinics, b-scan machine. "In fact is not necessarily for b-medical practitioners, other doctors. Hospital directors knew this thing should not be done, but also support. "Wang yy members said.
Submitted April this year, of the Standing Committee of the second review of the provisions of the draft had been: "violation of government regulations, to others for non-medical needs of fetal sex determination, resulted in the selection of gender consequences of pregnancy termination, the circumstances are serious, and three years imprisonment, criminal detention or control, and a fine. "On this provision, the opposition and in favour of sound equally intense.
The legal Committee of the NPC Vice Chairman Zhou kunren 24, in an explanation of the three manuscripts that NPC has repeatedly carefully, taking into account the differences of opinion on this issue, temporarily difficult to unify, recommended to continue on the issue of justification, the criminal law amendment (6) not required.
The main objection is some judicial and legal experts. They think: China at this stage, the sex ratio at birth is much higher than a complex social causes. Patriarchal, rearing old traditional fatherhood in some places, especially in rural areas of entrenched, and idea of the problem is not with the means of criminal law should not change, mainly through the development of the economy, strengthening education, establishing a sound approach to the social security system, etc.
On the other hand, a pregnant woman to fetus gender have the right to prior knowledge of the fetus gender approach and not just doing b-nor will inevitably lead to abortion. In addition, in accordance with the provisions of the draft, the doctor is to constitute a crime, and ultimately depends on whether the abortion of pregnant women to decide, in principle, reasonable, justified, even if the provisions of this Act, in practice it is difficult to obtain evidence and action.
It is learnt that the Fujian province has developed a nationwide ban on non-medical needs of fetal sex determination regulations.
Huang Yin die said that male and female sex ratio in very serious circumstances, the newborn female ratio has reached 117: 100 or more, in some places even have reached more than 120, 100, far exceeding the allowable range. "This trend is also continually developing, especially in the rural areas, this situation is more serious. "He said.
In his view, the ordinary people of patriarchal conception is not a one or two hundred, a thousand years, through the ideological education solution to this problem requires a considerable period of time, may lead to future sex ratio imbalance, to the time it was too late. "To curb violations fetal sex determination education alone is not enough, it must be combined with the rule of law. ”
Zhenggongcheng members and Wang yy members are of the view that protection of pregnant women's right to not be able to do fetal sex determination. Zhenggongcheng members indicated that in more emphasize right of European and American countries, religious believes abortion is equal to the murder, there is no doctor dare risk the killings of women to abortion. Our patriarchal still strong, if not will select those gender abortions into, and emphasizing the pregnant children parents should have the right, will encourage sex selection abortions.
Many members agreed that, in the current difficult situation, with the means to carry out criminal law for non-medical needs of fetal sex determination to combat that can act to deter, is urgently needed.
Although the third review cancelled on "non-medical needs of fetal sex determination" convicted of this provision, but Mr yuefeng members and 10 xuewen members suggested that the legislature can, in accordance with the provisions of the legislative law, on the terms separate vote. It is learnt that the criminal law amendment (6) is expected in the current draft of the Standing Committee meeting to submit the vote.
No comments:
Post a Comment