Civil Protection Research Fetal Interests

Fetus before birth are violated, the possibility to claim damages after birth, the civil law to protect the interests of the fetus whether and how to protect, what is the basis for protecting civil law theorists argue immortal. Capacity for civil rights, the analysis and research of the fetus social attributes, civil status, learning research world in fetal interests protection aspects theory, legislative and judicial practice, absorption learn from a scientific and reasonable theoretical point of view and legislative judicial practice in based on the combination of cultural ethics, socio-demographic status quo as well as family planning a national policy of basic national conditions, Assimilating good protection systems and measures in various countries and regions in the world, in order to put forward to improve the legal system of protection of fetal interests thinking. Upon thinking mainly consider two-pronged approach:First, further explore theories proposed connotation and extension of the protection of interests of the fetus, such as personal rights, property rights, and so on; further explore the combination of legislation and judicial practice, on the infringement fetal interests of judicial relief focuses on the causality violations and violations, violations against objects, violations of the fact that its illegality, and the right to compensation, compensation obligations, compensation range thinking and ideas.This paper is divided into six parts, each part reads as follows:The first part is the preface, the section briefly described the background and significance of the topic of this article, and defined the scope of the study, given the want to solve this problem. The second part of the analysis of the fetus concept, as well as fetal interests connotation. The third part is to sort out the study the fetal interests of civil law protection kinds theory, the main draw from existing research, which in-depth understanding of the various theories of history, status and development trends.The fourth part is different legislation and judicial practice, common law and civil law systems Two Schools particular emphasis on the characteristics of the common law, case law and civil law legislation law, so as to find out the fetus protection of interests in two Dafa in the main representative of the history and current situation of the country’s transformation. The fifth part from the two dimensions of the legislation and practice of the fetal interests of Civil Protection of analysis, depth and contrast some foreign advanced concepts and system design. Part VI combined with the reality of our country, on the basis of a comparative analysis of the study design envisaged reconstruction of the theory and system of civil law protection of fetal interests.