Civil Law Protection Of Fetus's Interests

The fetus is the most important stage of the development of human life, comprehensive protection of the interests of the fetus is an inevitable requirement for protecting one natural person's personal rights. At present, many countries have given various concerns on this issue. But in the legislation system of mainland China, this issue is not mature.This blank legislation has caused many incidences infringing fetus' interests. At the same time, in judicial practices, when trying fetus infringing cases, there are no related laws against it and fetus' interests can not be given effective helps or strong legal protection. This paper intends to call for strengthening legislations in China as soon as possible to protect the interests of fetus. On the proposed draft of civil code presided by Professor Liang Huixing, it suggests explicitly that this issue should be given more attentions. This paper, comprehensively,applies science of construction of law, comparative research method and case analysis method to discuss. Based on each country's legislation experiences and theoretical basis, it provides basis for the selection of legislative mode in constructivist system to protect the interests of fetus in mainland China. Meanwhile, it proposes some specific legislation suggestions on fetus heritance right, bequest right, tort liability and so forth in compiling China's Civil Code,to improve the protection of the interests of fetus.This paper is divided into five parts. The first part is the preface, which mainly talks about the significance of studying the Proposed Draft of Civil Code in this paper and the range of this research. With the development of social economy, the interests of fetus are increasingly infringed, and this paper is to present solutions. The second part is to analyze the legal meaning of the fetus. Comparing with the legal meaning of “individual”, fetus has the ethical basis and practical basis for being protected, and it also is to define fetus' civil legal status. The third part tries to disentangle various kinds of theories related to civil law protection to the interests of the fetus, in the aim of seeking theoretical basis for main China to adopt the protection of the interests of fetus. The fourth part, through the comparison of different legislation and jurisdiction practices between main China andBritain and US to sort out the protecting mode of fetus interests. The fifth part studies the present situation and deficiency of fetus protection in main China, to analyze this blank and relief in legislation. As for China to choose the mode of fetus interest protection forcivil code compilation, and general provisions and specific provisions, it suggests related ideas for civil law theories and systems to improve mainland China's fetus interests.