Research On The Compensation For Damages Of Fetal Rights And Interests

Although the fetus is not a real natural persons, the period is unavoidable for any life,and must be experienced,and the damages in the fetal period may be affect all his life, such as fetal abnormalities,caused by environmental pollution.But because our country’s legislation does not recognize the capacity for civil rights and legal subject status of fetus, in addition to the only one rule of the Inheritance Law involved of the protection of fetal rights, there isn’t any legislation on the protection of the fetal rights and interests. so when their rights are damaged, there isn’t any legislation can be depended on, they have no right to claim the compensation for damages. In recent years, the cases has been on the rise, and more and more cases have been submitted to the judicial organs to deal with. Because there is no unified law, the judge had to use their free-judge right, draw lessons from foreign judicial experience to act, as a result, embarrassing situation of identical lawsuits with distinct judgment have been appeared.Firstly, this paper analysis the legal meaning of the fetus and people, and the legal basis of fetal rights; through the analysis of the legislation and the judicial status of the compensation for damages of the fetal rights and interests in foreign countries, make us more understanding of our country′s legislation and the judicial present situation and insufficience in the compensation for damages of fetal rights and interests. Defined the scope of fetal rights and compensation for damages, and discussed the exercising rules and limitation of the action of compensation for damages of fetal rights and interests, in order to facilitate the implementation of the compensation for damages of fetal rights and interests. Analysis the question that whether we can claim compensation for damages in the Wrongful birth and wrongful life and wrongful pregnancy cases,whether the parents is the infringer of fetal rights and interests.Finally, based on the present situation of China, put forward some perfective legislative and judicial suggestions about damages for compensation system of fetal rights and interests.