The Capacity Of Civil Right And Protection Of The Right Of The Fetus

Since the eighties of the last century, under the guidance of the policy of reformand opening up, China has gradually entered an era of rapid development.Socio-economic progress, people’s thinking has also increasingly updates. At thesame time, many new forms of social contradictions and social problems associated.New social contradictions and social problems, you need to use the law to regulateand adjust. National laws to conform to the historical trend of the times, for acountry’s legislative work is also a big challenge. Under the guidance of the basicstrategy of governing the country according to law, the legal work to the deepening ofpeople’s legal awareness is also rising. When the rights have been violated, peoplegradually learn to use legal weapons to safeguard their legitimate rights andinterests.This is a manifestation of China to keep the rule of law society forward. Inrecent years, with the development of the material life, and the enhancement of thepeople’s awareness of rights, the fetus against infringement cases continue to emerge.In our current law, the fetus has yet to recognize the qualification of civil subject, sothe fetus can not be as qualified parties. Difficult to seek legal maintenance whentheir rights are being infringed. Fetus as a natural person must pass through stages oflife, however, the mother gave birth during there must be some benefit to theseinterests and natural persons born after the civil equity stake. Therefore, we have thenecessary legislation and judicial practice sufficient importance to the fetus interests.Starting from the point of view of the fetus civil rights, by comparing countrieson fetal capacity for civil rights, as well as natural capacity for civil rights legislationof the fetal qualification of civil subject argument reasoning. In addition, we willadopt the method of empirical analysis, mainly combined the the typical fetal abusecase occurred in recent years, on the the fetal assault the main types of cases heard inthe judicial practice FAQs proposed countermeasures and suggestions. The paper isdivided into three parts, the first dealing with the legal position of the fetus, and todetermine the method of the the fetus the Annunciation time and the time of birth, a brief analysis on the the fetus should reasonably positioning, the main form of fetalabuse issues. The second part of the example, the legislation of the countries on thecivil rights of the fetus and brief assessment of the strengths and weaknesses of thelegislation. The examples given as a support the fetus for civil rights in the theoreticalbasis of the various disciplines. The third part focuses on the Legislative Orientationon fetal rights and interests, China should adhere to, to make the design fit the patternof China’s national conditions and put forward a number of legislative proposals onthe delimitation of the range of the fetus civil rights.I believe that the civil subjectqualifications should be given to the fetus, and confirm that it has certain civil rights.However, because the fetus has its particularity, the civil rights of the fetus with thecivil rights of a natural person a clear distinction. China’s "Law of Succession" aboutthe fetal inheritance rights provisions, can be said is to confirm the fetus civil rightsPathfinder stone, for the fetus civil rights laws to confirm that opens the door. Theconcrete should be given to the fetus, however how to exercise civil rights, as well asthe fetus civil rights and other issues, also need to explore further in theoretical circlesand judicial practice. I believe that in the near future, through the efforts of the entirelegal profession, experts and scholars of the civil rights of the fetus must be able to beconfirmed and improved fetal interests will also get the support and maintenance ofthe national laws.