Case Study And Commentaries On Fetal Rights

In China, the protection of fetal interests is still a new field. Chinese legislation only protects fetal rights in the status of succession. Besides the understanding of the legal community, it has something to do with the national conditions and family planning policy. Fortunately, the legal circles of China has paid some attention to the fetal tights and carried out positive discussion. Though there is no affirmation on the fetal rights for life in existing law. Some of the propounded scholars such as Liming Wang, Lixin Yang, Huixing Liang and Xianzhong Sun appealed for the fetal rights protection in their works.Though the case cited, Hongxia Pei et al. v. Mingwei Qian, is not the first case involves fetal rights protection in China. It did spark intense discussion in legal circle, In the verdict of the case Baoyu He and Yan Luo v. Qinjun Chai which is quite similar to Hongxia Pei’s case, the court made a bold breakthrough to the existing legal provisions. And the case Kai Huang v. Yun Xu triggered the booming of discussion on the protection of the interests of fetal life. Via the legal analysis of these tree cases, this dissertation is aspired to explore the issues related to the protection of fetal life and limb.This dissertation consists of four parts as follows:In section one, the merits and the controversy issues of the cases are introduced. Problems are posed:a. whether the fetus has legal benefits of life and health; b. whether the fetus has a legal status.In section two, legal analysis over the issues of the cases cited in this dissertation is carried out.In section three, a number of issues are posed during the process of the analyses of the cases cited. A forward looking to the legislation of china is also made. Proceed from the substantive and procedural, the legal status and benefits of fetal life and health are proofed.In section four, a conclusion is made, and the main issues talked about in this dissertation are included.This dissertation is based on the theories suggested by scholars both at home and abroad. The demands of legislation and judicial practice are also considered. And proceed from the substantive and procedural, the corroborations of the legal status and benefits of fetal life and health is suggested.