Research On The Protection Of Fetus In The Perspective Of Civil Code Compilation

Fetal as a complete life of a stage,and now gradually attracted by the community wide attention.For the infringing interests of the case has gradually increased and the type gradually complicated,but our law there is no general provisions on the protection of fetal interests,China Law scholars have gradually put the protection of the interests of the fetus legislation on the agenda,at this stage of China's civil code for the compilation of the provisions of the fetus has also been included in the protection,but there are still shortcomings,therefore,for the protection of the interests of the legislation Perfect at this stage is particularly urgent.In this paper,the use of comparative analysis,historical research and other methods of analysis,through the protection of the provisions of the national interests of the fetus and the relevant provisions of the current situation and the current situation analysis,learn from the relevant theory in detail,in order to find possible protection of fetal interests,related legislation.This paper consists of five parts:The first part introduces the provisions of the draft of the five civil codes and the provisions of the draft general law on the interests of the fetus,through the analysis of these six different provisions of the Chinese scholars on the issue of controversy and the lack of views the place.It shows that the current importance of the interests of the fetus in our country,but in order to achieve the best realization of the interests of the fetus,we need a more sound and reasonable protection of the legal norms of fetal interests.The second part introduces the different legislative models of each country?region?.Through the detailed description of the three different legislative models of the protectionism,the individual protectionism and the absolutism,and compares it with the comparative analysis,it concludes the legislative model which is suitable for our country.Summed up the protectionist model of legislation.The third part mainly analyzes whether the fetus should be given the capacity of civil rights.Based on the theoretical basis of biology,the basis of forensic science and the foundation of value,this paper demonstrates the ability to give the fetus civil rights,and shows that the fetus has the right to the right through the comparative analysis of the legal conditions and the statutory lifting conditions Under its rights can be exercised by its agent,but also demonstrated for the protection of the fetus's civil law must be born with its prerequisite for living.The fourth part identifies the range of benefits that the fetus should be protected by enumerating the main types of infanticide and the actual differences with natural persons:including material personality interests,spiritual personality interests and property interests.In the fifth part,through the analysis of the draft of the draft of the five civil codes and the draft of the General Principles of Civil Law and the summary analysis of the above theoretical basis,it is proposed that the civil code of the People's Republic of China should be stipulated as "Fetal protection,the fetus as a civil rights,but the fetus was born without surviving,its civil rights capacity never existed."...