| Fetus is an indispensable stage that natural persons must experience in the course cf life development. The importance is unquestionable. Since the 1950s, many lawsuits about fetus compensation for damage have happened in the world. At present, many countries have show the concern about the protection of fetus benefits to different degrees, The countries adopting continental legal system attach importance to the protection of fetus property benefits.However,the countries adopting Anglo-American legal system are considerate in protecting fetus personal benefits, and therefore the protection is more flexible and thoughtful. By contrast, China's legal protection of the fetus is very weak. In addition to the《law of succession》28 item, involving pairs of fetal inheritance interests, there is a blank. This caused that there is no rule to follow in our judicial practice on the interests of the fetus, fetal interests could not be effectively protected. Therefore, the study of the fetus protection of civil law will help speed up and improve the legislation. This text combinate the protection of interests of the fetus legislation and judicial practice, will give the status of fetal as civil subject and seek out the rules on fetal requesting compensation, thus to strengthen the protection of the interests of the fetus.
|
PDF Full Text Request