Civil Law Protection On The Fetus' Benefits

According the theory of traditional civil law,civil right of a person begin with birth,end with death.Birth is a truth that people can require civil right capacity,but the unborn child don't gain the capacity and also the civil rights.Although fetus is a non-legal person,yet is a biological person.The fetus usually become a future natural person,fetus is the necessary stage before it becomes to a natural person.So,in order to protect the future natural person,all the countries commonly protect fetus'benefit in different degrees.In this modern society,the increasing danger factors have dramatically risen the quantities of the case of the compensation for damages about fetus'benefit.But the civil law of these countries don't provide enough protection for fetus'benefit,especially our country.Under such in circumstances,it seems urgent and important to conduct researches on civil law protection of fetus'benefits.This dissertation contains five parts besides the preface and the conclusion.The first chapter is about the introduction of protection of fetus'benefits in many countries.Firstly depict the definition of unborn child in law sense,then introduce different legislation about protection of fetus'benefit in different countries and compare the two legal system,finally introduce the situation of our country.The second chapter discusses the theoretical basis of protection of fetus'benefits. firstly,the author introduce three different theories of the protection of fetus'benefit in civil law.Then,the author analyze the advantages and disadvantages of the three theories separately in detail.According to the above analysis,the author suppose fetus'benefits can be protected in different theory,that is we can use the advantages of the theory of capacity for civil rights and theory of tort liability to protect fetus. Generally a person is born unhealthy because of injuries,he can use the theory of tort liability to protect himself.In that situation,the fetus damage problem becomes a natural person asking for his compensation for damages.In other situation,fetus has limited civil right capacity.The third chapter discusses the enforcement and protection of fetus'benefits. According to the limited civil right capacity owned by fetus,the fetus should enjoy the fight of inheritance,the right of legacy,the right of benefiting from contract,and the fight of claim for compensation of bring-up damages.According to the theory of tort liability,the fetus also have the right of claim for compensation of health damages. In this part,author discuss how to perform and protect these rights.The forth chapter discusses two types of special claim for damages to fetus.The first type is "wrongful birth","wrongful life" and "wrongful pregnancy".The second type is parents infringe upon their fetus.The fh'st question has been discussed many times,but the author give the analysis in detail and give the illumination of compensation.The second question discuss seldom.The author analyze the problem of parents infringe upon their fetus,generally speaking,parents are not liable,but they should be liable in the case of gross negligence.The fitch chapter is a conclusion.The author analyze about our country's relevant legislation defects and put forward some legislation suggestions in order to perfect the protection system of fetus'benefits.