The Research On The Fetus' Death Indemnity

The goal of using the law lies in promoting "the biggest joy of the most majority person " and the smallest of the social cost,This is also the common goal of the law society.Today the speed of civilization development is high, while the attention has been aggravated to the human rights, and the legal protection had been consummated to the personal rights day by day. But they all basically aim at the common natural persons regardless of the theory or the practice, the fetus actually has been neglected. Originally the fetus is the life body of the constitution significance, so the fetus should enjoy each constitution right. We cannot treat the fetus differently merely because of its special existence form. But with mother's belly inseparable, that causes the law to identical the fetus with his mother substance in many aspects. And because of the special existence form, the fetus is also easy to receive the external violation, and does not have self-protection capability, therefore it is opposite in the natural person, the fetus needs much more protection of the law.So it has significant significance which investigates the civil compensation responsibility to establish the Death indemnity system of the fetus, because the right infringement person encroaches upon the fetus life power. First, it has manifested highly respect and special protection to the life power which is the highest personality benefit, and it is the compensation to the failed life anticipated benefit itself. Second, it is the compensation of material loss and mental pain which loses the fetus. Finally, it is penalty to the person who injured the life power of fetus. That makes the right infringement person paying much more economical prices simultaneously being investigated the legal responsibility. So that surely makes the person profoundly realizing the serious price of encroaching upon the fetus'life power.It obviously has tertiary function namely to compensate, to comfort and to punish that establishes the Death indemnity system of the fetus, and it pursues the smallest of social cost. It is the serious penalty to the right infringement person in the case, and could make the entire society's people sleeping lightly the role. Let them realize that cannot deprive others'life power, otherwise they would be compelled to pay grieved price. Simultaneously it also enable the correlation law to have a stronger operation of judicature.