On Civil Protection Of The Interests Of The Fetus

Today's world,rapid economic development,technological advances,the rapid development of modern industrial society,but also to the fetus living environment brought more and greater risks,real judicial practice Infringement Cases fetus growing with these risk factors increase is directly related.At the same time,improve the degree of human civilization together people growing awareness of the law.Social progress and development needs of law in the process of the rule of law society,"human" rights are more and more attention and respect,people constantly improve the law to protect their legitimate rights and interests.However,as the initial stage of development of natural life forms----fetus,their legitimate rights and interests should be protected by law,but in reality the interests of the fetus,but there are legal and adequate attention and protection.Whether the fetus is a "person" can not get the same protection as natural persons and legal remedies of fetal rights have been violated.This legislation different countries in the world,the Civil Code of Germany,Japan,France and other countries of the civil law already strengthened protection of the rights of the fetus through legislation clearly defines the fetus's interest.However,in China,the relevant legal provisions protect the rights of the fetus was only just "Inheritance Law" provisions of Article 28 simply on the fetus inherited,except addition,we can not find any legal provisions on the protection of the interests of the fetus.Fetal interests emerging in recent years have been violated because the case could not find the corresponding legal provisions difficult to resolve the situation,entirely by our law provides for the protection of the interests of the fetus due to substantially zero.Fetal damage cases continue to occur and our laws on embryo protection legislation in the blank,which requires people to pay attention to protection of the rights of the fetus,this reality prompted the author to study the issue.Domestic scholars perspective on the issue of fetal rights protection primarily on whether the fetus has a dominant position on the study of thought in the legal interests of better protection of the fetus recommendations.But the reason relates to a lack of protection of the interests of the fetus less analysis,this paper attempts to expand the research area,through comparative research and case study methods,theories and legislation legislative model at home and abroad were compared,analysis,research,comprehensive analysis of fetal rights protection inadequate legislative and lead to inadequate protection of fetal interests of deep-seated reasons.Resulting in the current reasons of protection of fetal interests ineffective mainly traditional light people tion,patriarchal feudal country,and strictly control absolutism legislative model of population and family planning policy of the Executive of the fetus using negative personality.By analyzing these reasons,I believe that in order to better protect the legitimate rights and interests of the fetus,the most fundamental is that legislation should give up now adopted legislation absolutism mode,select protectionist umbrella,the law expressly recognizes the civil subject status of the fetus,so fetal enjoy the corresponding legal capacity.Can make the following provisions in future civil code,"in terms of personal rights,if the fetus is born alive,then the fetus enjoys the corresponding legal capacity;if the birth of dead bodies,it to start no rights capacity in property rights.not born to live as a condition clearly defined fetal enjoy the corresponding legal capacity."In this article I intend to developed countries with regard to the interests of the fetus legal protection provisions by reference,I believe we can build our country in the interests of the fetus Civil protection systems provide valuable experience,find a suitable for our country and judicial practice problems ways can be resolved with a view to establishing the fetus interests better legal protection system.Change the current judicial practice in handling cases of fetal damage to the interests of no legal situation,the fetus legal rights and interests have not been fair and just to protect the status quot.In order to better solve real-life problems of fetal rights protection for China's socialist legal system building blocks.