In recent years, cases of pregnant women have encountered various unfortunate incidents for various reasons.Among them, the pregnant women in many cases caused abortion because they were scared.
In this case, the issue of responsibility and compensation for the abortion of pregnant women has always been the focus of attention from all walks of life.
This article will be discussed from the aspects of criminal cases, the lack of relevant laws, the analysis of the law, and how to continue to improve the relevant laws.
In 2018, a thrilling incident occurred in a shopping mall in Nanjing, Jiangsu.
At that time, when a pregnant woman was shopping in the mall, because the sound of "someone was placing a bomb" in the shopping mall, she suddenly missed after being scared.The pregnant woman claimed to the mall afterwards, asking the mall to bear medical expenses such as medical expenses.
This case is not an isolated case.In real life, many pregnant women occur from abortion due to unexpected fright.
However, due to the complexity of the responsibility of this situation, it is difficult to deal with it in practice.
At present, the relevant laws in my country have not clearly stipulated the abortion situation of pregnant women’s accidents, which has led to many difficulties in judicial practice.
When dealing with such cases, some judicial organs can often only determine responsibilities and compensation issues in accordance with some universal regulations, such as the "Civil Code" marriage and family editing, infringement responsibility editor, etc., and lack specific legal basis and guidelines.
The marriage and family editing of the "Civil Code" stipulates that couples should be faithful, respectful, helping each other, and love to each other.In addition, if the couple’s emotional breakdown is caused by the spouse’s fault, the other party can ask for divorce and ask for relevant compensation such as mental loss.
However, these regulations did not clearly point out that one of the couples due to other people’s mistakes caused by others.
The "Civil Code" infringement responsibility stipulates that if the infringer is damaged due to illegal infringement, it shall bear the liability for infringement.
This provision provides a basis for the victim, but there is still uncertainty and controversy about the situation of the encounter of pregnant women.
For example, how to determine illegal infringement caused by miscarriage, and how to determine the damage factors and other issues require more specific legal guidance and regulations.
Therefore, my country needs to formulate special laws or regulations to clarify problems such as the responsibility, scope and standards of compensation, scope and standards for miscarriage, and providing guidelines for judicial practice and law enforcement of administrative organs.
At the same time, strengthen judicial interpretation and guidance, clarify the specific applications and standards stipulated in relevant laws, and avoid excessive or too small judicial tailoring.These measures will provide a clearer legal basis for judicial practice and help better protect the rights and interests of pregnant women.
According to the current laws and regulations of China, you can consider the issue of the responsibility of abortion from the two aspects of infringement liability and civil liability.
If the abortion of pregnant women is caused by the fault or negligence of others, from the perspective of infringement liability, it should bear the corresponding civil liability for the behavior of the abortion of pregnant women.
Specifically, in accordance with Article 40 of the Insidation Responsibility of the Civil Code, if the illegal infringement is damaged due to illegal infringement, it shall bear the liability for infringement.
If pregnant women are frightened and cause abortion, it can be considered that fright is an infringement and should bear the liability for infringement.
The infringer should bear the corresponding civil liability such as economic losses and mental losses that pregnant women suffer.
Among them, economic losses include medical expenses and nutritional costs, and mental losses include pain torture and psychological trauma.
If the abortion of pregnant women is caused by her own disease or physiological factors, the ownership of responsibility needs to be further considered.
If pregnant women already know that they have risk factors before abortion, but do not take corresponding measures, such as rest, avoid severe exercise, etc., or do not seek medical treatment in time, then the responsibility should be borne by the pregnant woman themselves.
This is because pregnant women have the obligation to protect the health of herself and the fetus. If possible, measures should be taken to avoid abortion.
However, if pregnant women do not know that they have risks in advance or have miscarriage after being frightened, then responsibility should be borne by the behavior that causes pregnant women.
Because the abortion of pregnant women is caused by the behavior of others, the behavior has exceeded the general risk of life and led to unpredictable consequences.
At this time, the actor should bear the corresponding civil liability, including economic losses and mental losses.
In order to better protect the rights and interests of pregnant women, we should strengthen the improvement of law from multiple aspects.
First of all, special laws or regulations should be formulated to clarify issues such as the responsibility, scope, and standards of the responsibility of pregnant women.
This allows relevant personnel to understand their responsibilities and rights more clearly, and it can also provide a clear legal basis for judicial practice.
At the same time, such legal provisions can also play a role in preventing, so that potential illegal actors can know the legal responsibility they might bear.
Secondly, judicial interpretation and guidance should be strengthened, the specific applications and standards stipulated in relevant laws should be clarified to avoid excessive or too small judicial tailoring.
For some controversy and uncertainty in some judicial practice, more detailed judicial interpretation and guidance documents should be resolved to improve the fairness and accuracy of judicial judicial.
In addition, it is also necessary to raise the awareness of the society’s protection of the rights and interests of pregnant women, strengthen publicity and education, and let more people understand the importance and guarantee measures of pregnant women’s rights and interests.
This can be achieved through various channels, such as carrying out publicity and education activities, strengthening the popularization of relevant legal knowledge, and exposure to the media in the media.
Finally, supervision and law enforcement should be strengthened. For some illegal people and enterprises, they should be punished according to law to a deterrent role.
This can be achieved by strengthening the regulatory mechanism, increasing law enforcement, and punishment and sanctions on enterprises with serious problems to protect the rights and legal dignity of pregnant women.
Pregnant women are the most vulnerable groups of our society, and we need to better protect their rights and interests.
Regarding the abortion of pregnant women’s encounter, we need to solve the improvement of relevant laws, strengthening judicial interpretation and guidance, and improving social security awareness.
At the same time, we also need to strengthen publicity and education, let more people pay attention to the protection of the rights and interests of pregnant women, and work together for the health and happiness of pregnant women.