| Embryo is the initial stage in a natural person's life that could not be surpassed by anybody. The growth and development of embryos will directly affect the quality of human life and that of an entire nation. Thus, most countries have been establishing various systems to protect their interests since the promulgation of Roman Laws. However, in China, except the 28th article of Inheritance Law, there are hardly any relevant provisions about the protection of embryos' interests. If an embryo has on legal capacity, it can not be protected as a civil subject by law once its personal interests are infringed upon. Therefore, how to guarantee the embryos' interests more effectively in China is not only an important theoretical problem but also a practical one to the future's civil legislation.Based on some relevant theories and judicial cases of the common-law system, the continental-law system as well as those in area of Taiwan , this article is to research the issue how to protect the embryos' interests under civil law. This article employs comparative analysis, authentic proofs and legal sociology to approach the topic aforementioned. Considering the problems of the protection of embryos' interests in civil law, especially those of the compensation of damage, are comprehensive and complicated, the article casts lights on different situations when embryos' interests are infringed upon and points out the deficiencies of current laws concerning the protection of embryo's interests in China.Through the research, this article claims that the future civil legislation in China should grant borned lively embryos civil rights, which should obtain them when an embryo is successfully impregnated. Accordingly, as to the question how to protect the embryos' interest effectively by civil laws, the article also puts forward some theoretical and practical suggestions, in the hope that we can make some contributions to the construction of civil legislation in China,...
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