Research On The Civil Rights Protection System Of The Fetus

In the traditional system of civil rights, civil rights of natural persons begins at birth. The fetus does not have the legal capacity for private rights because he is not yet born, which caused that a lot of equity in the fetal stage of an organism can not be protected or the best time about the damage claims of infringement loses. 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. Comparing the domestic and international protection legislation overview of fetal rights, the legal status and theoretical basis of the fetus are analyzed deeply combing with Chinese national conditions and legal thesis in this paper. Then some relevant legislative proposals are put forward. The view in this thesis is that the doctrine of personal rights extend protection combined with capacity of civil rights is considered the most suitable for Fetus of China and the law should endue fetus quasi legal personality status,then some suggestions are put forward for civil rights legislation of the fetus to improve.The thesis is divided into four parts:In the first part, the fetus concept on legal is discussed, distinct from the definition of fetal medicine, and fetal rights legislation to protect social ethics and practical significance are analyzed combing with the typical case. Next the development process of fetal rights protection legislation is explained and the legislative trends of fetal rights protection is analyzed for later in-depth analysis of fetal protect the rights laid foreshadowing.In the second part, the main theoretical basis of the fetal rights protection at present is introduced and new ideas are put forward refer to different theories.In the third part, it has the idea that the fetus has the special legal capacity for private right based on quasi-personality elements including life, health and other from the fetus and elaborate quasi-legal status of the fetus’ s body. Meanwhile, the specific areas of specific rights is builded the fetus and fetal body particularity clarify particularity in the field of protection of the infringement, so the interests of the fetus become more complete protection logic.In the last part, the lacks about protection of the fetal rights of our country are analyzed, combing with stories, articles and practice. Finally the legislation to protect the legal of the fetal rights is put forward by the comparative analysis of the legislation of the overseas principal.