On The Protection Of Fetus' S Interests In Civil Law

Today’s rapid industrialization, increasing the number of traffic accidents, the moreserious environmental pollution, food and drug quality and safety issues continue toappear, at any stage of their birth before the fertilized egg, embryo, fetus, etc., the fetusmay will be involved in aspects and spiritual interests of property damage, protect thefetus is to protect the vital interests of mankind ’s future, and our civil law there is nosystematic provisions on the protection of the interests of the fetus, the judicial practice toresolve such issues is not uniform therefore an urgent need to establish a sound system ofthe fetus to protect the interests of the civil law. In this paper, the concept and historicalresearch on the nature of personality and right capabilities analysis, the fetus with a naturalperson as an ethical value of human enjoys personality, with civil subject qualifications,should be entitled to civil rights; through a comparative study civil law and protect theinterests of the fetus common law countries and regions, different legislation and majortheories, but the ability to come to give the fetus rights legislation development trend intoday’s world, as well as " The ability to enjoy civil rights," as a solution to the problemof protecting the interests of the fetus superiority; clear lack of interest in our civil lawprotection legislation fetal status quo system integrity, expounded China’s civil Protectionof the interests of the fetus on legislative developments on China’s judicial practice on thestatus of the fetus to protect the interests of the investigation, given the need to draw thefetus civil rights. Finally, a combination of legislation and legislative developments today,come to the statutory conditions for lifting the whole country should adopt protectionistunder the said civil rights and the scope of the proposed fetal enjoyed outlined.