Fetus Right Protection

This dissertation is focused on fetus right protection and move on through the analysis of fetus right protection on tort law with the following five parts: 1. Introduction; 2. Overall View; 3. The theoretical basis of fetus right protection; 4.Fetus right protection on tort law; 5. Conclusion.Tort of Fetus right infringement has been pointed to be not a newly emerged or incidental case in the first part. As a mature type of tort this should be paid attention by theoretical and practical circles. However, we lack relative practices and supporting measures thus lead to an efficient protection of fetus right. Fetus right issue only be mentioned in heritage law of China and even not be mentioned in the draft of civil law which is regarded to be a pity.The second part firstly defines the concept of fetus right and what is the infringement of fetus right. Then it discusses the necessity of fetus right protection and introduces the legislation model of fetus right protection.The theoretical basis of fetus right protection has been differentiated according to different law system in third part. Under the guidance of the constitutional protection of life right the most distinguish dilemma of fetus right protection in case law system has been solved. As to our country the extension right theory of Professor Yang has been favored. It solves the conflict between the traditional stipulation of civil subject and fetus right protection.The fourth part compares the infringement of fetus right to common case and its special character. As common case the infringement of fetus right can also be analyzed through four aspects. It is author's view that fetus should be endowed with right to claim for compensation after deliberate on two special circumstances. The last portion of the fourth part is on how to use this right and its content.The fifth part is the conclusion of the dissertation.