Research On The Protection Of Fetus’s Rights And Interests

Since modern times, with the wide spread of bourgeois enlightenment, thoughts of natural rights, freedom and equality has enjoyed popular support and bourgeois revolutions have intensified. Legal consciousness is coming deeply into people’s hearts and it encourages people to protect their legitimate rights and interests with the law. However, how can the rights and interests of unborn fetus be protected in the face of possible infringement?Fetus is undoubtedly a vulnerable group and many countries have made relevant laws and regulations to protect fetus’s rights and interests. Our country has also made some regulations in regard to fetus’s rights and interests in some aspects, for example, some regulations have been made to protect fetus’s rights of inheritance. However, with the diversification of social situation, the infringement of fetus’s rights and interests has increased. Although the scope of legal protectien and compensation keeps being extended, there are still some loopholes. In future law and regulation-making, fetus’s status of civil entity should be made clear to implement the protection of fetus’s rights and interests.This paper consists of four parts. The first part is about legal meaning and the nature of fetus. Before studying the protection of fetus’s rights and interests, we must clarify the definition of the fetus. Medically, it refers to such kind of person in breeding in females’ ovary and it comes into being by combing sperms and eggs. Legally, the fetus refers to a living entity in a mother’s placenta, that is to say, a form of a person-to-be in a mother’s body before its birth and a transitory stage from a person-to-be to a person. Since the fetus is a person-to-be, it should have the same legitimate rights and interests as people. It is necessary to protect fetus’s rights and interests from the aspects of morality and law.The second part discusses deficiencies in some countries’laws as regard to the protection of fetus’s rights and interests. By investigating these, we can improve our country’s laws and try to protect fetus’s rights and interests in a comprehensive manner if possible, providing legal basis for practice. The third part is about infringement of fetus’s health rights and relevant legal remedy. It tries to find ways to protect fetus’s rights and interests by examples of specific rights.The last part provides some advice to improve our country’s protection of fetus’s rights and interests, ensure its implementation and get rid of misunderstandings.