| Wrongful birth and wrongful life are new torts, the concept can be defined that the doctor may not illustrate the proper information to the parents of fetus with defect, to let the infant with serious hereditary flaw to be born, the parents or infant appeal that the doctor should undertake responsibility. This article represent the validity of responsibility undertook by the doctor, and the nature, the range and the constitutive requirements of the civil responsibility, the proper subject of the civil responsibility, etc.From the angles of public policy, the civil responsibility undertook by doctor who has defect, it may not be discriminate against the handicapped and is suit for the policy of the bear and rear better children, it is also important for the duty of proper carefulness by doctor.Contrary to the typical district law, this article try to definite the nature of this kind of suit, contrast to the default responsibility and the tort responsibility, this article reckon that the such suit can be concluded to the default or the tort. But it is favorable for the protection of victim.Based on the structure of constitutive requirements of the tort responsibility, this article analysis the civil constitutive requirements of the wrongful birth and wrongful life, it reckon that suffering by the defect of doctor could be the suffering about the born right of self-determination, the right of mother's body and the right of health. The range of civil responsibility is based on the principle of compensate the losses, including the property loss and non-property loss. Based on the theory about the qualification of civil subject and the loss suffered by the defect inspection, the subject of this suit can be the parent whose child is birth defect. The infant for himself never suffering such losses, it is not suit for the qualification of civil subject, it don't have the right of asking, it can be concluded that in china, there is no lawful claim for wrongful life in our legal system.
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