On The Range And Its Realization Of Fetus' Interest

Everybody knows the fetus will be one legal master in future, so we need to protect them in law urgently. Factually many countries have built some systems for fetus as begin as the Roman law, but they are not enough now because of the development of new biotechnology and the changing of social policy. In China, the legislation of fetus is too simple so that it is hard to do in practice. Thinking of this, the author hopes to perfect the legislation and pushes forward the development of society through his research. For different from the others, it focuses on the interest of fetus, analyzes its concrete range and realization at the same time.The introduction is to define the relevant legislative states on the subject of the countries all over the world and the meaning of this research. After that it does a survey to the thesis content in connection with some problems existed in our national legislations. This text includes three parts altogether.The first one is to analyze the civil status of fetus. The legal connotative meaning is definite in the first place that the fetus is an organism which is in the process of being pregnant and is not yet exposed from its matrix. Furthermore, it gives the comparison of fetus and human being, and thereupon reaches a conclusion that the fetus is only a biologic person but not a legal one. Secondly, it defines the fetus'legal status and gives an analysis of different theories, so that a conclusion is made that fetus does not have a civil subject qualification, which is the premise to protect fetus'interest. In the end, in terms of nomology and ethnics, it is concluded that fetus's interest should be given a legal protection although it does not have a civil subject qualification.The second one is to analyze the range of fetus'interest. Firstly, it enumerates the examples of legislation in different countries, and analyzes comparatively the two different law systems of continental law and maritime law. Afterwards, the specific interest of fetus is defined. On the base of factors which can influence the range of fetus'interest, the three specific interests such as health, identity and property are supposed to be protected. The property interest includes the three concrete interests of being inherited, being bequeathed, and benefiting from contract.The third one is to analyze the realization of fetus'interest. Firstly, it discourses the base of realization of fetus'interest that fetus must be born alive. In the second, it analyzes the ways to realize the fetus'interest including the interests of health, identity and property. Finally, to be convenient for practice, it gives the relative explanation of limitation of actions.The peroration is to give the purpose of this paper on the base of summarizing the full text.