The Civil Right Of The Embryo

With the development of society, the increasing incidents of traffic accident, medical malpractice, environmental pollution and so on, there are more and more cases of protecting embryo benefits. At the same time, the applications of various high-technology and human embryo research and experiment, Also makes embryo (including the fetus) be treated as by-product or a victim of medical technology. The only law about the fetus in our country provides for the succession rights of the fetus in "the law of succession" Article 28. It provides that:" when legacy partition, it should be to retain the inheritance share of the fetus. Fetus at birth with die body should be retained share and partitioned for statutory succession." And during the practice in China's current judicature, there is no proper law protecting the embryo and solving the legal disputes when fetus is hurt. It's necessary to review the legal status of fetus and the law protecting of fetus. In short, with the coming of life sciences era, the law protection of the fetus's benefits will become "era topic" in the 21th century.Comparative analysis and theoretical analysis were used in this paper as research methods. This paper divided into six parts and is about the discussion of fetal rights.In this article the first chapter introduced the background to the study of this topic: It focus on the rights of the fetus and historical evolution of specific provisions of two legal countries; introduced fetal rights of our country about the specific provisions and their defects; Defined Legal concept of the fetus; Come to the reason why choose fetal rights as subject through distinction rights, legal interests and benefits; Analyzed the significance of research.The chapter II introduced the three kinds of patterns of embryo right protection (Sums up principle, Individual protectionism, Absolutism). Though analyzing and comparing them, obtains the theory of this article, namely should adopt the sum up principle and full display individual protectionism merit. The chapter III introduced the theories abut embryo right protection(life law profit theory, extend protection of personal rights theory, right ability theory). Though analyzing and comparing them, obtains the protection theory conforms to China, namely embryo civil right should adopte the legal relieving condition theory in the right ability theory.The chapter IV focuses on the important rights of fetal enjoyed, such as: the right to health, property, inheritance, the power 's fostered, benefit power according to contract and the right as lawsuit main body in the procedural law.The chapter V introduced how exercises the embryo right and realizes its right, as well as the embryo right and limit exertion principle, including the limitation of action principle and the prohibition rightThe chapter VI encroached upon the particularity of embryo civil right behavior , the question of main body of right infringement, constitution important document of undertook the right infringement responsibility as well as the way of undertakes the right infringement civil liability, the question of he damage compensate exercises.