Comparative Angle Fetal Rights Under Civil Law Protection

The stage of fetal is the initial and necessary step in the growth of human being. So fetal rights deserved to fully protection, which is not only respecting lives, but also requiring maintain our own survival. However, because people do not realize the necessity and importance of fetal rights, fetal rights are denied in our country. There is an only one regulation related to fetal rights in our country’s current law. When fetal rights is irrupted, fetal rights can not be timely or comprehensive relieved through our country. Therefore, it is urgent to improve the relevant laws and regulations of fetal rights.This paper consists of four parts. The first part section is about the definition of fetal and definitude the civil dominant position of the fetus, the fetus is regarded as civil body. The second section is the comparing the difference of the two legal systems about fetal rights protection. Both legal systems protect fetal rights. But civil law does not give enough protection of fetal rights for the constraints of the statute, which focus on the protection of property rights, such as inheritance gift rights and so on. The protection of fetal rights is relatively flexible and careful in common law. The third section is about the types of fetal rights, including the rights to health, the rights to life, the gift rights and legatee rights. There are two opposing views about fetus’s rights to life, which are ’Negative theory’ and ’Positive theory’. The paper adopts ’Positive theory’. The fourth section is about the insignificance of fetal rights protection in our country, and then putting forward some relevant legislative proposals, hoping to comprehensive protect fetal rights as soon as possible.