On The Civil Law Protection Of Fetal Health Interest

In the modern society, the number of case of violating the fetus’ benefits is increasing. This is manifested in physical disability or illness in the fetuses’ postnatal development because of injuries when they are in uteri. The violation of the fetus’ benefits not only leads to irreparable damage on the fetus’ body, also causes misfortune for the whole family, and worse than that, it may change into a social problem. While, with the modern development of medical technology, new biotechnology and the change of social policy, the safeguard of interests of fetus is becoming more complicated than before, especially when we adopt the traditional civil law, according to which the fetus are not regarded as civil subject because civil rights begins with birth and ends with death. Thus it is extremely difficult to maintain the interests of the fetus in the light of the traditional civil law. Under such circumstances, I write this paper. The first part of this paper analyzes that the fetus is the civil subject according to the theory of the fetus should obtain the capacity for civil rights. Given that premise, in the second part, this paper suggests a relief way, named the right of requesting for compensation for injury, which aims to safeguard the interests of the fetus in an effective and comprehensive way when the fetus’ interests is violated. The last part of this paper makes the suggestion about the protection of the fetus in terms of the current situation of China in order to perfect the civil law and the fetus’ health benefits.