On The Protection Of Fetus' Rights And Interests In Civil Law

At present, how to protect our rights and interests of the fetus, whether theoretical or judicial practice, knowledge, attitudes and practices are not a unity. I was in the civil legislation, concerning personal rights, property rights provisions almost perfect remedy, but whether the interests of damage to the fetus caused by tort may receive compensation, the current civil law in our country there are few rules. In this paper, two facts are very similar, but the verdict was very different cases leads to problems, and to the fetus if there is a civil right, the fetus does not exist capacity for civil rights, whether discussions on behalf of the fetus does not exist civil rights issue, through elaborate on the fetus concept emphasizes Perfecting the System of Civil Protection of the interests of the fetus. Comparative approach taken by the current situation with regard to legislation to protect the interests of the fetus (region) is currently the world’s major countries comparative analysis, another view of the limitations of expertise, the complexity of the problem and the ability to author, etc., to select only the fetus alimony under tort claims the perspective of protecting the interests of the fetus to discuss issues. Question of whether the fetus alimony request should be supported, and I tend to the respect for life, the protection of human rights point of view, to protect the legal rights of the unborn fetus, support alimony request of the fetus, because it not only better protect the fetus interests, but also reduce the burden on the parties to the proceedings, but also in line with the principles of litigation economy. However, the existing law is concerned, the fetus alimony issue is no clear provision, the Supreme Court has not issued the relevant judicial interpretation. This paper on the fetus support alimony request for compensation, the theoretical basis of the fetus from the legal concept of the right to request alimony, child support claims of the fetus, the fetus alimony request right way to achieve the three aspects of the legal analysis to be able to stage our country alimony request to establish fetal rights protection system.