Note: the netizen hair post in a forum, said the criminal law forty-ninth stipulation "hypocrisy", was "confused" to it, the following is the text and bloggers to reply.

I'm on the "criminal law" the forty-ninth puzzle

  "PRC Criminal Law" the forty-ninth stipulation: the time when he committed the crime under the age of eighteen and trial of pregnant women, the application of the death penalty. For when he committed the crime under the age of eighteen do not apply the death penalty, it is easy to understand, but when the trial of the pregnant women do not apply the death penalty, is not well understood. I think the criminal law is so, out of humanitarian considerations, not because of the mother's crime and deprivation fetal birth right, but if the woman is family planning, then in accordance with the family planning policy should be deprived of the fetal birth right. Now the women crime, but also committed a capital crime, according to the judicial interpretation of the Supreme Court, whether the woman Is it right? Violation of family planning, her fetus should be protected. So it is very contradictory, if two of the women were pregnant, and are planning a pregnancy, law-abiding woman, a is a capital offense in custody awaiting sentencing of women, the former must abortion, the latter to be humanitarian to it, this is ridiculous.

   But the criminal law does not stipulate the trial pregnant women can not be the issue of abortion, according to the judicial interpretation of the Supreme Court: "regardless of whether the natural abortion or after artificial abortion, and the duration of post abortion to the prosecution or trial, should be regarded as the trial pregnant women, can not apply the death penalty." So the woman is abortion during the trial, but since the abortion is still during the trial, or as the pregnant woman, the application of the death penalty. This is even more confusing, if not abortion do not apply the death penalty is to protect the fetus, abortion is not so after the application of death penalty is to protect the who? So I think the article forty-sixth of the criminal law out of humanitarian considerations are of no significance, because of our country with the family planning policy, ordinary women still do not enjoy such protection, but to let the crime women enjoy, this is false.

   The blogger reply:

   So called this a "false", "the women who do not protect the citizens" that can not be established. Not sentenced to death, does not mean not according to the family planning policy forced abortion -- is a prerequisite for family planning. The requirements are not sentenced to death in miscarriage or abortion case, if this situation is allowed the death penalty because, the judicial organ to sentenced to death on the pregnant women and the forced abortion, then the death penalty, the provisions of article forty-ninth is of no practical significance. The spirit of the legislation of this article lies in the criminal law the principle of culpability, although the death penalty and not the death penalty but forced the abortion crime against women pregnant, the fetus, the results are the same, but the nature is completely different, the former is in effect a penalty to implicate, the latter is only according to the national policy of mandatory deprived of his birth qualification.

   Of course, from the natural law and natural rights point of view, even the so-called "plan" birth, is also justified, countries do not have any reason to deprive a fetal birth right. But the harsh reality forces us to make such a policy choice. When one day, we do not need the help of the national compelling force, also can make the population naturally maintained at an appropriate level -- as some developed countries, we can freely choose fertility or infertility, free to decide how much child birth, the so-called natural contradiction does not exist.