Civil Law Protection Of Fetal Interests

In the modern society, there are more and more cases concern about the hurt of fetuses, which has rise the importance of protecting fetuses among all country's civil law. But the present protection laws for fetuses has only show some regulation on law of succession ,which make the judges no rule to judge case concern the hurt of fetuses. In this situation, it's with great importance and urgent to develop and research the protection of fetuses in civil law. It's need to seriously consider about how to judge the fetuses, how to make regulation about the protection of fetuses.Method of comparative and analysis are mainly used for this essay. Contents concern about clarify fetuses by starting period and in processing period, which has great importance as for practical judgment. Then analysis cases to learn the necessity of protecting fetuses .After the definition and importance of protecting fetuses, follow up with the rationale , mainly base on various theories of admitting fetuses'rights or not admitting fetuses'right. Then this paper analyzes and China should determine what theory to protect fetus's interests; Then author introduct two big law to protect fetus's interests and the superiority of the modes mode; Which let China choose the fetus's interests mode and the interests of the fetuses'rights. Finally, author analyze the legislation present situation and give a complete set of legislative proposals.