Civil Law Protection On The Fetus' Interests

The fetus is the inevitable stage of natural person,which means that the protection of interests of the fetus is protecting the rights of after birth as a natural person.At present,the national civil legislation all pay attention to the protection on the Fetus' Interests,in order to conform to the principle of civil law,to meet the general social ethics value pursuit.In contrast,in China,despite the many kinds of theory to protect fetus' interests,but due to the lag of legislation in our country,to protect the interests of the fetus is extremely tight.This paper is divided into three chapters to study on this issue,which regarding the current codification of civil code in our country as a starting point.The first chapter is analysis of the status about the interests of the fetus protection in China.From the point of view of legislation,we does not admit of the fetus' s capacity for civil rights because of traditional civil law theory is taken in our country.It is no doubt that our country belongs to the absolute protectionism to protect the interests of the fetus.As a result,the fetus' s interests can not get legal recognition and protection.In judicial practice,the author analyzes the practical case and find that the protection for the interests of the fetus not only difficult,but also contradictions,which seriously impact on the establishment of the judicial authority.The second chapter mainly introduces the connotation of the fetus in the law,and analyzing the nature of IVF(in-vitro fertilization)embryos.To this issue,the author put forward her own viewpoint.The author also do not think the IVF embryos belongs to the fetus.In addition,the paper expounds the different theories on the fetus civil law status in theoretical cycle,and then analyzes the advantages and disadvantages of these theories.The author put forward to maximize to protect fetus' interests as the principle and combine the three of these theories to protect fetus' interests.Moreover,discussing the scope of the interests of the fetus,which can be divided into 3 kinds: personal interests,property interests and remedial interests.The third chapter put forward the path of the fetus' interests protection in China on the basis of above discussion.The paper expounds different legislative cases of the countries in the world to protect fetus' s interests: generalized protectionism,individual protectionism and absolute protectionism,of which the most undesirable is absolute protectionism.Which legislative case should be taken in China to protect the interests of the fetus must not pursue pure "plagiarism".We should adopt generalized and individual legislative model in order to protect fetus' interests easily to grasp key point and openly.On the specific legal provisions,shall surely fetus enjoy a variety of interests,especially in the life.Moreover,the legislation should affirm guardianship system apply to the fetus to provide legal basis for parents to protect the interests of the fetus.In addition,to infringe on the interests of the fetus behavior,adequate causality should be applied,and the scope of the offender's liability to pay compensation should also be clear.In view of the particularity of IVF embryos,legislation is regulated in response to its position.