On The Legal Protection Of Fetus' Interests

With the social and human science and technology continues to develop, the interests of the fetus infringement cases increasing, how to protect the interests of the fetus has become a very urgent and real problem. However, according to China’s "Civil Law" stipulates that "citizens from birth to death and only has capacity for civil rights, shall enjoy civil rights and assume civil obligations." Through this ordinance, we can know how the fetus was not born, and not enjoy civil rights, is no capacity for civil conduct, which makes the rights of the fetus are not fully protected in law. And developed countries compared to our provisions on the protection of the interests of the fetus, there are many gaps, resulting in a lack of a legal basis in the adjudication of cases against the interests of the fetus, which is China’s building a harmonious society, the development of the rule of law is incompatible with the principle of the. Therefore, re-confirm the legal status of the fetus in our country, to confirm the scope of its rights enjoyed, make up the lack of legal provisions in order to make the fetal interests are effectively protected.This paper is divided into an introduction, body and conclusion of three parts.The first part is an introduction, drawn by a typical case study of fetal interests of the protection of meaning and purpose. The second part is the body part, a total of four chapters.The first chapter the basic theory of protecting the interests of the fetus. First, define the definition and status of the fetus, the need for clear legislation to protect the interests of the fetus. Details of the protection of the interests of the fetus theories, life protection of legal interests that extend the protection of personal rights that the rights of the ability to say, and the advantages and disadvantages of these three theories are compared and considered Professor Yang Lixin extend the protection of personal rights theory is more suitable to solve protect the interests of fetal problems.The second chapter of the legislative status quo to protect the interests of the fetus and the national interests of the enactment of legislation to protect the fetus. This chapter describes the current situation and the causes of legislation to protect the interests of the fetus, and the enactment of legislation to protect the interests of the fetus countries:civil protectionist umbrella, individual protectionism, absolutism and the legislation of the common law was introduced by contrast consider an umbrella doctrine in civil law doctrine considered more perfect.The scope of legal protection of the interests of the fetus as well as Chapter III of civil liability against the interests of the fetus. This chapter introduces the scope of legal protection of fetal interests, such as health benefits, inheritance, bequest protected content related revenue and contract, raising specific interests, litigation and other benefits according to subject. And content-related civil liability against the interests of the fetus.Chapter IV discussed the legal protection of the interests of the fetus perfect legislative proposals and several special issues. This chapter. This chapter provides a comprehensive legislative proposal to protect the interests of the fetus, and several special legal issues were discussed.The third part of the conclusion. The author summarizes the full text.