The Study Of Fetus' Rights And Interests Compensation Of Damage

Since the fifties of the 20th century, many lawsuits about fetus' compensation for damage have happened in the world, especially in the developed country of legal system. In recent years, the protection of fetus' interests has been concerned by "brain paralysis baby case" that Tianjin Supreme Court concluded and "baby girl born no right arms, parents claim compensation" that happened in Guangzhou. Abroad, the legal provisions about fetus are perfect and rather ripe in most countries. However, our law ignores and omits the protection to fetus' rights and interests, which make the fetus' life and health have no rule to follow when encroached on In China, it is only the 28' judicial item in Inheritance Law that makes stipulation about the fetus' inheritance benefits. The loopholes in legislation make it difficult or even impossible for judicial courts to well protect fetus' benefits in judicial practice. Under such circumstances, it seems urgent and important to conduct researches on civil law protection of fetus' benefits in China. The current paper makes in-depth and thorough study about the relevant issues concerning the protection of fetus' benefits by adopting the research methods of comparative analysis and theory analysis.A preface, which tells us the motive and background of the author to write this thesis.The first part includes Justice practice and legislation actuality of fetus' compensation for damage civil and overseas and introduces fetus' compensation for damage of Germany, American, England.The second part is the base of this thesis, which discusses two questions: the concept of fetus and the fetus' legal status .The part discusses the range that the fetus should enjoy the civil rights as a civil subject. Drawing on the experience of the foreign advanced, successful legislation and combining the national conditions in the present stage of our country. The author thinks that the fetus should enjoy health right, property right of inheritance and so on.The third part is the analysis of fetus' compensation for damage which is the importance of paper the author tends to analyze the reasons for civil law protection of fetus' benefits on the basis of theory of expansion protection for personal rights The part discusses the establishment and enforcement of right for fetus' Compensation for damage. The author considers that we should give fetus Compensation for damage Compared with general tort, the act of tort has the character of the indirectness, damage interval that facts assert. The scope of fetus' benefits is restricted to the benefits enjoyed by fetus in terms of health, status, inheritance, receiving devise and benefiting from bonds. Except health benefits, civil laws should provide fetus due support when their other benefits are infringed. The part includes the second problem which we solve the fetus compensation for damage by the spirit compensation for damage .The part has probed into several special problems correlate with the right...