| The concept of the fetus in the biological sense of the definition and definitions of the law are very different. In the legal sense of the fetus, including fertilization, embryonic and fetal .Biology of these three periods will be limited to prenatal fetus. Legal sense of the definition is more reasonable for the protection of the interests of the fetus. Sanctity of life view and life values, recognize that human life is sacred. The existence and development of human beings, social existence and development of new life must have been bred and produced. The fetus is a potential person who may be able to develop a "people person ". Civil people-oriented, is reflected in the care of people. Modern society should respect the rights of the fetus and the fetus should be conceived, born to provide the necessary protection. From the ethical and practical point of view of protecting the interests of the fetus is necessary.On the common law and civil law countries protect the interests of the fetus compare the theoretical basis, combined with the relevant judicial practice of China's Civil Code adopted civil law countries come to the right of the ability to protect that is more reasonable. In addition, civil legislation to protect the interests of the fetus and the fetus has the capacity for civil rights are linked. The existence of social life around the possibility of infringement of rights and interests of the fetus, such as environmental pollution, traffic accidents, medical malpractice and other indirectly through maternal and thus cause fetal harm. At present, because our law does not expressly provided, the parties to give up a lot of right of action cases. China's "Civil Law " protection of the fetus is not specified, only in the "Inheritance" Article 28: "partitioning of the estate, the share of an unborn child should be retained. if the baby is stillborn, should be statutory succession to retain share . "visible protection of the interests of the fetus are related to the legislation of absolutism. All in all compared systems of protectionism, comprehensive and circumspect, is conducive to safeguarding the stability of the law. China's Civil Code should be adopted in the development of protectionist legislation of the sum to give the fetus the capacity of civil rights. Capacity of the civil rights given to the fetus does not mean that the rights of the fetus and the natural range of civil rights enjoyed by no difference in breadth. The scope of civil rights the fetus, but also to determine the specific conditions according to China's. Therefore, from the fact of view, the scope of legal protection of the fetus is smaller than the number who have been born. Construction of the scope of the civil rights of the fetus should include the right to health, dependents the right to the recipient with the right, the right of bequest, inheritance and damages claims. As our national economic and social development and the rapid construction of the concept of deepening the rule of law, the urgent need to enact a civil code to guide the civil part of the law, should be developed in the future Civil Code in articles and related sub-articles in the increased interest on the fetus Protection requirements. These are mainly discussed in terms from the legislative protection issues fetal interests, seeks to explore for our civil legislation on the protection of the interests of the path of the fetus. |
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