China's last abortion crime

Author:Economic Observer Time:2022.07.04

The right to abortion is an important constitutional issue in the United States, and liberals and conservatives attack and defense here all year round. In contrast, the ideology of opposing abortion is very thin in China. If it starts from the Dragal Criminal Law of the Daqing Criminal Law in 1907, the "abortion crime" has only been reserved here for only 42 years.

Author: Han Fudong

Figure: Tuwa Creative

June 24, 2022 is a key day in the history of constitutional government.

On this day, the U.S. Supreme Court overthrowing the 1973 "Roy Verior Case" case in the ruling of the "Dobes Profile Jackson Women's Health Organization" case, believed that the federal government had no right to interfere with abortion, and the legitimacy of the abortion will be The problem is left to the states to respond. This quickly triggered large -scale feminist protests.

In 1973, in the case of the "Roy Cost of Wade", the US Federal Supreme Court ruled that the state abortion ban violated the "legitimate program right" of the state by 7-2, and confirmed that the top three of women's pregnancy were confirmed. Monthly has constitutional rights that are not intervened by state law and can choose to abandon or not. The new ruling on June 24, 2022 means that the abortion rights return to 50 years ago.

On June 24, 2022, on the day of the new ruling of the Federal Supreme Court, the state of Missouri passed the bill announced that the state became the first state in the United States to effectively terminate abortion. It is said that a total of 13 states in the United States will rely on the so -called "triggering" law, that is, the law has actually taken effect automatically and has begun to prohibit abortion.

The law enforcement of abortion during the late Qing Dynasty and the Republic of China was almost abandoned in China, and it usually entered the judicial vision only when murder or severe disability. Although judicial attitude towards "abortion crimes", due to relevant legislation, the relevant legislation has limited the regular hospitals to engage in abortion services, which leads to this need for women. A legislation awarded in the name of "humanity" has created too many inhumane tragedies.

In May 1928, the king of Sanlin Tang, Pudong, Shanghai, had a widow named Wang. He was pregnant and gave birth to a man named Sun Fulin in love. It is the age when private pregnancy can destroy all the famous festivals of women. Wang's stomach is too big to go out, so he discussed with Sun Fulin to implement abortion with the folk land law.

The abortion was unsuccessful. Sun Fulin was subsequently escorted by the Wang clan. He faced a penalty for violating the crime of abortion.

Shortly before Wang's death due to abortion, on March 10, 1928, the Nanjing National Government had just announced the Criminal Law of the Republic of China, of which 305 stipulated that "the instruction of a woman who was pregnant or promised to abortion The person is sentenced to imprisonment of less than two years. As a result, women are in prison for more than five years. " The law will be implemented on September 1, 1928.

When Sun Fulin was arrested, because the law had not yet taken effect, it should be sentenced to a third -class imprisonment (three to five years) in accordance with the "Interim New Criminal Law" issued by the Beiyang government in April 1912. The old law is three to five years, and the new law is less than five years.

The "Interim New Criminal Law" presented in 1912 was slightly deleted on the basis of "Big Fresh Criminal Law". Before the "Big Fresh Criminal Law", the "Draft Criminal Law Draft" promulgated by Guangxu (1907) in the thirty -three years of Guangxu (1907), for the first time, the crime of abortion was first clarified: "the behavior of abortion, humane, order, and public interest. In Europe, the United States and Japan, the common cases are intended to be punished. "From here, we can see that abortion is not a Chinese tradition, but the result of imitating the West in the late Qing Dynasty.

The abortion mentioned above, in the end, Sun Fulin obtained a criminal ruling of "non -prosecution". Why did it make such a ruling, the media reports did not explain. This ruling undoubtedly explained to a large extent that the early judicial practice of the Nanjing National Government tended to from the relevant abortion suspects.

At that time, the media's attention was not in the crime of "abortion", but the persecution of the old etiquette after the abortion: After the abortion of Wang, her mother -in -law saw the child killed on the ground and thought that "the lintel was defiled, it was unfortunate", and angrily. After immersion of the child's body with lime water, put it in front of her to humiliate. The Wang family, who was already in danger, was stimulated by this and died soon.

If the pregnant woman in Shanghai Pudong is still alive, she may be sentenced to three years in prison for abortion by herself because of abortion. This was not understood at all for most Chinese at the time. Although the "Draft Draft of the Daqing Criminal Law" has begun to use modern vocabulary such as "humanity", "order", and "public welfare" in the narrative of abortion, the concept of abortion is fundamentally from the traditional Christian culture. The Chinese people lack basic recognition of the rationality of abortion.

In May 1928, the widow of Pudong Widow, in May 1928, Chen San Tai Niang in Shaoxing City, Zhejiang was unfortunately killed. Chen Santai raped Zhan A three -way during his husband's going out, so he was pregnant. In order to prevent revelation, he found Hu Fifty Niang's drug abortion under the introduction of Gu Afang, but he died of poisoning. When Zhan A San hired a human car to bury the corpse behind the Mountain of Neufu at night, he was reported. Zhan ASan, Gu Afang, and Hu Fifty Niangs who participated in the abortion were detained to the detention center.

In the 1920s, contraceptive measures have not yet been popularized in China, so pregnancy is very common after the relationship between the sexual occurrence. Although pregnancy is stolen, of course, it is necessary to abandon, and the accidental pregnancy of normal husband and wife also has this need. In September 1928, Feng's wife of Wuxi Department Store, Jiangsu Wuxi Department Store. Instead of letting Feng's medication, the second old lady Wang used surgery, but still caused Feng's death on the spot. According to media reports at that time, when pregnant women performed abortion during the Republic of China, they were generally preferred to choose a folk mother -in -law, but sometimes they went to the hospital or a relatively formal clinic for rescue. However, because abortion is a criminal act that is banned, how to abortion was not within the scope of medical research at that time, which led to the problem of incomparable skills in regular hospitals. The hospital has reason to refuse to abandon pregnant women. Even adventure and assistance may be trapped in danger due to lack of safe and reliable abortion doctors.

On September 29, 1928, a female college student who was 3 months pregnant was died in Shanghai due to abortion in Shanghai. The media also reported a continuous report. The female college student was called Cao Xueming, a native of Cantonese. At the age of 19, she studied at Jinan University, Shanghai Zhenru Town. Go to the "Wanfu Specialized Women's uterine Hospital" at Xiafei Road, French Concession, to ask a doctor to abandon his surgery.

A total of 120 yuan for medical surgery. The doctor who was diagnosed on the same day was Xu Huichun. He graduated from Beijing Union Hospital. He had been suspended for twelve years. He also had medical medicine for three years. After being arrested, when Wu Muguang and his wife Cao Xueming came to abortion for the first time, Xu Huichun refused to treat the treatment on the grounds of a narrow hospital space, and asked them to go to other places. The couple of Cao Xueming left there, but the next day they came to Wanfu Hospital again, saying that the abdominal pain in pregnant women was extremely extremely, and they must try to help. Xu Huichun was therefore arranged for Cao Xueming to be hospitalized on the third floor. On the next day, she found that her pregnant woman's disease was dangerous. She was also a little panicked, so she invited a mother -in -law to visit and treat.

During the surgery, the mother -in -law put the abortion medicine in the lower body of the pregnant woman, but the abdominal pain in the pregnant woman was even more severe. Xu Huichun was helpless and invited a female doctor named Chen Suyin to the diagnosis and treatment.

Chen Su may be difficult to survive because it is said that the pregnant woman can take out the fetus, and there is a hopes. After taking salt water needles and strong heart needles for pregnant women, the fetus was rotten and smelly. Pregnant women died soon.

During the interrogation of Fa Gongtang, Dr. Xu Huichun admitted that although he had been practicing medicine for fifteen years, he had only had no experience in obstetrics and uterine diseases. The lawyer she invited was arguing that the laws were checked that only the living or surgery was used to call it abortion. The fetus in this case had been killed in the abdomen before surgery, so the crime of abortion cannot be established.

Related Western medicine diagnosis supported the fetus to die before the operation. In the end, the Fa Gong Hall adopted the opinion of the defense lawyer, determining that Dr. Xu Huichun and the deceased husband Wu Muguang and others did not violate the crime of abortion.

A "specialized woman's uterine hospital" has no abortion experience, and it is also necessary to invite folk women to come to rescue. This is also a big wonders in the most prosperous land of China in the late 1920s. The formation of this situation has a great relationship with the abortion since the end of the Qing Dynasty. After Cao Xueming was rejected by Wanfu Hospital, he wanted to come and go to many hospitals to seek assistance, so he returned to Wanfu Hospital the next day. It can be seen from this.

Fa Gongtang's judgment shows humanized judicial elasticity, but in truth, such a judgment does not conform to the original intention of the "Criminal Law of the Republic of China" in 1928. Because they did not know that the fetus was dead before the pregnant woman Cao Xueming was performed. In a more stringent sense, according to the "Criminal Law of the Republic of China" in 1928, even if you know that the fetus is dead, or the pregnant woman is facing a more severe risk of abortion, it cannot be for the abortion, otherwise it will constitute the crime of abortion. It was sentenced to less than two years of imprisonment and caused the death of pregnant women to be imprisoned for less than five years.

Such regulations were changed until the revision of the Criminal Law of the Republic of China in 1935.

On January 1, 1935, the Nanjing National Government announced the revised "Criminal Law of the Republic of China" and officially implemented on July 1 of the same year. In the relevant provisions of the law on the crime of abortion, the core change is to increase the following terms: "Those who crimes the first two items offend the first two items due to illness or other danger to prevent life are exempted."

According to the New Criminal Law, similar to the abortion of pregnant women who are in danger of life in danger of life, although guilty, it is exempted from punishment -it is not a crime of strict significance, but it is a progress in the end.

In addition, the changes in the crime of New Criminal Law on abortion are also: the sentence of less than one year in prison, detention or less than 300 yuan for women's abortion in their own abortion, and changed to less than six months in prison, detention or 100 yuan The following fines will be changed to the regulations of the deceased for less than five years to be more than six months and less than five years in prison; The provisions have been changed to more than one year and less than seven years; the provisions of the death or serious injury of women or serious injuries will be changed to the deadly imprisonment of the dead or more than seven years. For more than ten years and less than ten years, it will be specifically compared to the applicable punishment. It can be seen that the spirit of the law of abortion is: the penalties for women who abandons their abortion, but the punishment of active seductive or forced pregnant women, as well as practitioners who have caused abortion to death and injury. At the same time, the law acknowledges that pregnant women have the right to abandon abortion under the premise of being threatened by health and life.

After the announcement of the New Criminal Law, before the official implementation, an abortion case occurred in Shanghai, causing public opinion. Shen Chen, a 27 -year -old woman in Zhenjiang, Jiangsu, came to work in Shanghai because of her poor family. She was recommended to become the servant of a Japanese family on No. 9 Pingliang Road, Yangshupu. At this time, she was pregnant and was disgusted by employers because she was worried about her abdomen. The hospital was discouraged by "women's unseenal fetuses for no reason, not only good people, but also violating the law of criminal law", and Shen Chen's thoughts were discouraged.

After another one or two months, the belly was getting bigger and bigger. She saw that Japanese women like to eat radish, but they were abandoned after pregnancy. Therefore, it was speculated that radish was not conducive to pregnant women, so she took the dried radish of the employer's house and stuffed it in the lower body. The night is over, although the fetus is uneasy, but it is delayed, and the state of being inseparable. "The Japanese employer saw Shen Chen's face, and the pain was abnormal, asking her to go to the hospital for treatment.

This time, Guangren Hospital did not refuse it due to abortion violations. The doctor took the surgery to take out her tire and left her hospitalization to regulate it.

After Shen Chen's cure was cured, he was caught and detained it to the District Court of the First Special Economic Zone of Shanghai. It was learned that the abortion of Shen Chen was an independent decision. After being instigated or forced by others, she was sentenced to two years in prison. The motivation for abortion was purely a problem of life, so she was given a probation for two years.

Guangren Hospital was not prosecuted at all. Although the New Criminal Law has been announced at this time, it has not yet taken effect. It should not be exempted according to the implementation of abortion in Lu Guangren Hospital.

But the Guangren Hospital, which was rescued, was punished, which was obviously disturbing. Including Shen Chen's, public opinion also has a similar look. A author named "Meng Ruo" asked in the report, "Is such an abortion crime?" Although she also declared that the behavior of abortion is humanistic, and it is legal in law. But it has also further stated that humanity and law are sometimes spurred by life. "Life is forced to be terrible. If this young woman is blessed, marry a rich man, and now she is pregnant, I don’t know how to be happy. The comfort product, Weng Gu on the hall must also smile and pity her. However, she was unfortunate. Because of her poor family, she had to go outside to be a mother -in -law and use her own labor to change a few money to maintain her life. Now, even a piece of meat in the abdomen must not help but fall out of the pain of life. Although life invites the blessing of heaven, it can not escape the sentence of two years. It is compassionate. "Meng Ruo said.

Unlike Western Christian cultural context, Chinese traditional culture has a long -term tolerance for abortion. Therefore, when abortion was introduced from the West, there has been no phenomenon of soil and water. This difficulty in identifying abortion is not only from the people, including law enforcement, but also often affected by traditional values. Abortiars usually have real difficulties, which further stimulates the empathy of judicial personnel and gives off -law to the crime of abortion.

This leads to certain uncertainty in judicial judgments. In terms of assistance to abortion, some people may be punished by the court lightly, and some will be sentenced to actual imprisonment.

This time, Guangren Hospital did not refuse it due to abortion violations. The doctor took the surgery to take out her tire and left her hospitalization to regulate it.

This leads to certain uncertainty in judicial judgments. In terms of assistance to abortion, some people may be punished by the court lightly, and some will be sentenced to actual imprisonment.

In 1935, the new criminal law was also killed by pregnant women.

The pregnant woman who was killed by Liu Wang's abortion was Bao Huiying, the dancer of the Venus dance hall of Shejiang Road. She is from Xuzhou, 23 years old, unmarried. The bulge of the abdomen affected her accompanying dance, let alone the negative impact of reputation. After discussing with her lover, she decided to have an abortion.

On March 4, 1935, Liu Wang, a 73 -year -old mother -in -law, had a price of 24 yuan and had a drug abortion. She sticks a paper plaster to Bao Huiying's navel, and let her take a little pill. The next day, Wang Wang changed another plaster. That night, Bao Huiying "one of the meat in the belly, the fruit fell." But one or two days later, Bao Huiying began to have diarrhea. It was severe every day. His father sent her to Guangren Hospital for treatment invalid. He died at 6 pm on March 11.

Because the event was involved in the abortion, Guangren Hospital called the old gate to catch the house. Liu Wang's arrest was arrested, and the prosecution of the first court of Shanghai First Special Economic Zone Court was sentenced to a prosecution. Liu Wang's admitted to the deceased had abortion. The court finally determined that Liu Wang's intention was profitable, and the abortion was entrusted by a woman who was instructed to die. Shortly after the dancer Bao Huiying died, on March 28, 1935, Wang, a 28 -year -old woman in Beixiang, a maid in Wenzhou Road, Shanghai, also sought an abortion for her pregnancy. She spent 3 yuan for self -purchased musk, and did not respond, so she found the 68 -year -old mother -in -law Li Wang's. Li Wang's, like the 73 -year -old mother -in -law Liu Wang's, is famous, but the fee is lower, as long as 15 yuan.

Wang Li first put the herb into the body of the mother, and it was not effective, so he bought the "ancient prescription medicine" from the pharmacy to take it. On the afternoon of March 30, the fetus fell. However, after Wang Ma returned home, the intraenus was unbearable, and she had to be sent to the Hui Travel Hospital of Ai Wenyi Road to be treated by her lover Li Xiujian. In order to avoid the crime of abortion, they lied about abortion during the doctor. The doctor found that "the uterus had foreign bodies corruption, bad smell, non -abortion, and decided to cause artificial abortion."

The court of Shanghai Second Special Economic Zone tried the case. Different from the first special zone court of the dancer Bao Huiying case, the court finally sentenced Li Wang's sentence to two years in prison and no probation.

Li Xiujian, the lover of the deceased, was also charged with "instigating abortion and causing women to die." He argued that after Wang Ma took the initiative to ask for a child, after she visited Wang Wang's residence, he told him to accompany him. After the danger, he took the initiative to send him to the hospital, so there was no responsibility. However, in the end, the court was sentenced to two years in prison for two years and three months, and the quenter Li Wang family, who was almost killed by Wang Ma, was equally punished. The punishment was very severe.

Before and after Li Wang's sentence, the Nanjing National Government announced the criminal criminal statistics of major cities in 1933. Among them, more than 22,000 Opopoly crimes, more than 17,000 theft prisoners, and more than 11,000 people who violated injuries, There are more than 1,200 people in the internal chaos. However, abortion criminals have become one of the least three types of criminals. Only 3 are, one more than those who falsify the measurement, and 2 less than violated the criminals.

Obviously, there are many folk abortion, but those who are truly investigated were very rare before 1935. During the year, the only digits of the nets had passive law enforcement. Zhang Jingyu's "Analysis of the Crime Statistics of the Ministry of Justice in Beijing" also verified this. From 1914-1923, the number of national abortion crimes was only 16 each year and the lowest was 4.

The new criminal law was different in 1935, and the abortion of the media alone was far more than 3. Therefore, it may be the opposite of general understanding. Although the new criminal law is more tolerant of abortion, the law enforcement level is much more severe than before.

After 1935, the official still preached the legitimacy of abandonment, but as feminist thoughts were happy, it began to encounter public opposition. In 1936, "Women's Resonance" published a signature "Huizhong" entitled "abortion -crime? "The article, questioning the crime of" abortion "against humanity:" Some women want to betray labor to maintain their lives; some are to abandons for fear of nourishing children; in terms of human feelings, they should be forgiven. Regulations ... the so -called 'laws and foreigners' feelings', who can believe it? "

However, these opposition sounds are not fundamental challenges. After the outbreak of the Anti -Japanese War, the Chiang Kai -shek regime exiled to Chongqing in the "capital". Wang Jingwei established a pseudo -"National Government of the Republic of China" in Nanjing. They denied each other, but it was quite consistent in the nominal cracking down on abortion.

Shortly after the victory of the War of Resistance Against Japan, the Chiang Kai -shek regime moved back to Nanjing. The bad habits of banning "improvement". The Ministry of the Interior has formulated the "Measures for Banning Followers of Folk", and the solution given for abortion is: "It will be banned by propaganda and enlightenment, managing relief, and sending the law of judicial organs."

Mainstream medicine still avoided abortion assistance. Shanghai's "Declaration" has a "Li A Mao Health mailbox" column. On December 18, 1946, Fang Ying said in questions about abortion: "Abortion is criminal and can be killed. Answer. "Pregnant women who wanted to abandon had to ask for help from folk mothers and recipes, which led to long -term high rate of abortion.

In the winter of 1946, Hu Hong, a 39 -year -old Yangzhou woman, who had been widowed for three years. She was pregnant because of a one -night stand in Shanghai. She bought her herbs and stuffed her lower body, causing bleeding and unable to afford her illness. Her brother Hong Deyu sent him to Guangci Hospital for treatment. The hospital reported the information about the suspected abortion as usual to the police station. The police station soon sent officers to investigate and check.

If the result of going to the hospital for treatment is to be reported, to what extent will it affect the choice of pregnant women seeking abortion? According to statistics from the Shanghai Investigation Office in early 1947, there were 13,699 criminal cases accepted by the city in 1946, but only 5 abortion cases were as many as the grave case. This means that in addition to the sunlight, the medical supply and demand of abortion has formed a huge black market.

During the Civil War of the Communist Party of China, law enforcement of abortion crimes became more relaxed. Hu Hong, a 39 -year -old Yangzhou woman, who had aborted in 1946, was a striking figure in the feminist who opposed abortion. She said in a lecture on a women's problem "contraception and abortion" in a lecture: We must know that under the reasonable social system, there will be no unnatural phenomenon of contraception and fetal fetus except for special things. Human childbirth children were originally a very natural instinctual requirement. Under the last resort, men and women who had to have contraceptives were reluctant to destroy his reproductive function permanently. Most of the special women have the hope of being a mother. If the society can give them a preferential condition for their mothers, then contraception and fetal will be destroyed.

In an overnatural emotions, she gave an example as the end of the lecture:

A few years ago, women in the United States invited women's audience inspectors who had just returned from the Soviet Union and asked him to talk about the lives of women in the Soviet Union. The female inspector said: "In the Soviet Union's contraceptives and fetal fetuses, they were extremely free. If they were going to abandon, the national hospitals were free for free surgery, which was extremely safe." Speaking of this, the audience said, "Then they can not have children, they can not have children, they can not have children, How good it is! "But the female inspector shook his hands and said," No! They like to have children! Because women who have children are specially treated by the country. The privileges are both cute children, but also the country's living security and society's privileges.

Will contraception and tires under the "reasonable social system" be eliminated? This myth has not yet happened. But Junhui has a little bit wrong. New values based on abortion rights are formed, which is against the anti -abortion culture of the Christian world.

In the first half of the 20th century, the law of Chinese law began to imitate the West, which was imported from abortion, and brought a lot of confusion to the Chinese secular men and women, doctors and law enforcers. In 1949, with the abandonment of the "Six Dharma Books", the crime of abortion became a cultural relic of history in mainland China.

To this day, when we see Western conservatives and liberalism still gathered around the "abortion", there may be some confusion. The concept of "anti -abortion" has never been taken root in China. Except for the 42 years of implementation, it has been caught in limited people, and it is likely to cause more abortion pregnant women to death. It does not seem to leave more legacy.

As early as May 2022, the US outflow of the Supreme Court will make a decision to overthrow the draft "Roy Valley Act". ) "" Science "and other top medical publications, such as science, subsequently posted on the homepage, saying that the decision to restrict abortion is the deprivation and violence of women's health and social rights. Among them, the editorial of "Liu Ye Dao" states that the formulation of law should take into account the process of history. In today's era, women's accidents and abortion are common. About 120 million cases of pregnancy are pregnant every year, and three -fifth of them have abortion. In these abortion cases, only about 55%of them use medical recommendations and are completed by trained doctors. If the U.S. Supreme Law has passed the draft Samuel Alito's opinion (that is, the draft anti -abortion), this approach will not end abortion and will only end the "safe abortion".

Through the initial research on the impact of China's 42 years of abortion, I came to the same conclusion as "Liu Ye Dao".

(This article does not indicate the abortion case of the source, all of which are quoted from Shanghai "Declaration")

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