Protected By The Laws Of Human Rights Under The Perspective Of Fetal Life Study

The fetus is the beginning of human survival and development, start from Roman law, scholars have never ceased to explore on the protection of fetal interests. In recent years, with the concept of human rights to take root and the continuous development of the subject of human rights theory, the scope of the subject of human rights continue to marginalized fetal expansion of the subject qualification of the human rights of the fetus has become a cutting-edge research topics in human rights law.The right to life is the most basic human, a human rights, human existence and development of great significance, especially in fetal damage to the interests’worldwide litigation increasing, and under the influence of the "Modern eugenics" increasing emphasis on the legal protection of fetal interests. Departmental law scholars in their respective areas of expertise within the systematic theoretical study of the fetus rights protection, and have made certain findings. But from a human rights perspective to study the protection of the fetus right to life, the scope of the study, the research process and research results is not yet prominent. However, the fetus is the subject of human rights the scope columns, directly determine whether the fetus to enjoy the dominant position of the right to life. The dominant position of the fetus’s right to life is to be recognized in the context of human rights, the other contents of the fetal right to life and human rights is likely to cause conflicts, how to solve many caused by contradictions between human rights, is bound to become the focus of attention.This article based on the latest achievements of the current theories of human rights, development of the theory from the subject of human rights and the protection of human rights of the fetus, the confirmation of the dominant position of foreign fetal right to life, the fetal right to life and other human rights, conflict resolution, and China’s right to fetal life the legal protection of the status quos a human rights perspective on the protection of the fetus right to life being perfect, in order to explore the dominant position of the fetus’s right to life, the connotation of the fetal right to life and the fetus by the need to protect, and try the life of a human rights perspective on the fetal right to life with his mother rights, reproductive rights and population policies, and many other conflict analysis, trying to "interest measure" principle as the solution of the conflict of human rights, this particular subject of human rights of the fetus to be placed under the protection of the law, follow the trend of development in the theory of human rights. At the same time, in the framework of current theoretical research, the basis of the already mature mechanisms abroad and the legal system, and further study of the protection of the fetal right to life theory, for our theory, protecting fetal life the right to lay a solid foundation, but also for China as a country with a large population, balanced population policy and practical issues such as legal protection to provide the best fit point, in order to find a clear and reasonable legal means for the protection of the fetal right to life, and improve our legal system, to promote socialism with Chinese characteristics the process of the ’rule of law.