Jurisprudential Analysis Of Tort Liability For Wrongful Birth Based On Yaogang Case In Yichang

It is, at present, the priority of priorities that the prenatal examination and the prenatal diagnosis should be currently produced better, to improve the population quality and reduce the birth defects. Although in recent years, the infant mortality is descending rapidly, yet the drastically congenital disabled children in our country is up to 0.8-1.2million in total annually, accounting for approximately 4%-6% of the total population born in a year. In them who have birth defects, many experienced antenatal examination again and again with their mothers. What on earth is it that doctors could not find the fetal defects and not recommend the pregnant women to abort or that the children's parents insist in producing the fetus that are already known fallen significant congenital defect?After antenatal examination and diagnosis, doctors fail to find the defects of the fetus but inform the pregnant women all is going well and no trouble is found, so that a baby who have the significant birth defects come into the family, which is called "Wrongful Birth". The hospital, however, refused to be responsible for compensation. Forced to resort to the court, parents find the sentence results different.It is the unfair judicial ruling status of "Wrongful Birth" disputes that causes the citizens'suspicion of the ruling justice and undermine their legal faith, which will increasingly destroy the legal authority and unity of the legal system, cause act racially, and affect social stability. Therefore, in order to uniform judicial decision criteria to resolve the disputes properly. The paper attempts to do an analysis of the "Wrongful Birth" disputes, with a specific case comprehensively, and come up with a correspondingly proper measure to deal with such problems. Specifically, this article is divided into three parts:Chapterâ… :It makes a short introduction of "Wrongful Birth" through a typical case and sums up the focus about the disputes in the case.Chapterâ…¡:It focuses on the basis of claim right and analyses of the case to constitute a basis for tort liability claims. First of all, it explains the concept of "Wrongful Birth" and discusses the facts of parental rights which have been infringed by the birth of defective children; secondly it tries to resolve the similar disputes and find the applicable claim based on which the case is resolved.Chapterâ…¢:It focuses on the liability principle in "Wrongful Birth" Cases and the constitution of tort liability in the Case. First it analyses the constitution of tort liability of "Wrongful Birth" essentially, then establishes the elements of the infringement action, and try to find a more reasonable legal theory and way to resolve such problem. Finally, it concludes, Part two and Part three are the focus of the article.The comprehensive discussion method in which empirical analysis is main and speculative analysis supplemented is used in this paper. It studies a case, presents the background of "Wrongful Birth" and ponders its legal issues to seek ways and keys to solve the problem in the writing method of theory with practice.