Research On The Compensation For Damage In Fetal Interests Protection

The fetus is the initial stage of the life process,It connects to the natural people and plays an important part in our life.For the protection of the fetus interests,reinforcing the awe of life and ultimate caring for people,has become an Inevitable trend in the civil law.With the development of the society,the events of the fetus violation occur frequently.But our country current law do not make a clear regulation for the compensation for damage of fetal interests.It is hard to solve the cases about the fetus interests because of the lake of civil legislation.In order to protect the interests of the fetus to the greatest extent,enjoying damages claim is particularly important.The article mainly discusses the compensation for damage of fetal interests.Besides preface and epilogue,The article is divided into four parts.First part:The present situation of the fetal interests damage compensation in our country.After summarizing and collecting current situation of the fetal interests damage compensation of our country,putting a question.Second part:The legal basis of the fetal interests damage compensation.This part firstly analyzes the concept,and the theory of fetal interests protection in China,finally discusses the feasibility and necessity of fetal damage compensation rights.Third part:The investigation and reference of different countries about the fetal damage compensation system.This part mainly investigates different countries about the fetal interests compensation system.Through the analysis,pointing out our country should draw lessons from outside the judicial practice experience and legislative achievements,to protect fetal interests.Fourth part:the realization of the fetal interests damage compensation.This part firstly analyze the range of the fetal interests which need to protect,and then discusses the basis of fetal injury compensation claim to exercise and concrete way.At the same time,This part analyze the special problems of the fetal interests damage,for example,whether parents can be infringers,and whether the promise of parents can be exemption from liability.hoping to realizing the fetal damage compensation claims,protecting the interests of fetus.