On The Legislative Perfection Of Fetus's Capacity Of Civil Rights

According to the provisions of the general principles of civil law,citizens' capacity for civil rights begins at birth,and finally dies,which denies that the fetus has the capacity for civil rights,which is a relatively backward law.The fetus and the natural person are the same life individual,and are different important stages in the process of human life development.The legislation of improving the capacity of the civil rights of the fetus can realize the comprehensive protection of the rights and interests of natural persons.For this reason,the academic circles and the legal practice circle of China agree to modify the civil law,protect the fetus,and protect the fetus' civil rights.A general rule of civil law was promulgated in 2017.Of the sixteenth articles,it was suggested that the protection of the fetus' s interests should be considered as the fetus' s capacity for civil rights when it comes to the protection of the fetus' s interests,such as inheritance and acceptance of gifts.This article breaks the complete denial of the capacity of the civil rights of the fetus in the general principles of the civil law,and is a major legislative breakthrough in our country in order to safeguard the rights of the fetus.However,because the general provisions only put forward the principle stipulation,and the introduction time is short,there is no corresponding judicial interpretation to be applied,there are still provisions to be refined,andthere are still problems to be solved.Based on the theoretical analysis of the fetus' s capacity for civil rights,the analysis of extraterritorial system,combined with the lack of legislation in our current stage,this paper discusses how to strengthen and improve the legislative protection of the fetus' s civil rights ability.Based on the comparative analysis,case study and other methods,this paper analyzes the legislative provisions of various countries on the fetus' civil rights capacity and the relevant provisions and current situation in China,so as to improve the legislation of the fetus' s civil rights capacity in China.This paper consists of four parts:The first part analyzes the theoretical basis of the fetus' s civil rights ability,defines the legal definition of the fetus,and analyzes the controversial points of Chinese scholars and the deficiencies of various viewpoints through the analysis of the different theories of whether the fetus has the capacity of civil rights.The second part introduces the legislative principle of different countries,through a detailed description of the general principle of protectionism,individual protection principle and absolute principle of three different legislative principles,and carries on the comparative analysis,summarizes the fetal protection of the rights and interests of the most reasonable legislative principle.The pressureThe third part mainly analyzes the status of the legislative status ofthe capacity of the civil rights of the fetus in our country.Through the interpretation of the sixteenth article of the general law of the civil law and the judicial cases involving the capacity of the civil rights of the fetus in our country,the shortcomings of the current legislation are illustrated.The fourth part,through theoretically giving the fetus partial civil rights ability,defining the scope of the fetus civil rights in China,and ensuring the exercise of the fetus' s civil rights ability in three aspects,will improve the legislation of the fetus' s civil rights ability in China.