On The Claim For Compensation For Damage To The Fetus

Since Roman law,countries all over the world have begun to protect the rights and interests of fetuses in civil law.China has always been committed to the protection of human rights and the improvement of the legal system.Prior to the publication of the "General Principles of Civil Law," China's sector law only stipulated in section 28 of the "Law of Succession" the right to separate the fetus' s inheritance.According to the provisions of Article 9 of the "General Principles of Civil Law" on the subject of civil rights,we can see that the fetus is not an appropriate civil subject,and it does not have civil rights.Infrequent cases of encroachment on the rights of the fetus in the society today,with the need for economic development and improvement of the legal system,the protection of the protection of fetus rights is urgently required by law.The newly issued article 16 of the “General Principles of Civil Law” provides general rules for the fetus' s civil rights,recognizes the fetus' s civil subject status in certain circumstances,and grants them rights,but also has limited conditions.In the context of the updated civil law system,combining with the latest legal rules,it is discussed that the fetus should enjoy a complete and independent civil subject qualification.The scope of its rights should be extended to the category of life health,and the foundation for the foundation and the establishment of the right to claim for damages for the fetus are fully demonstrated.At the same time,three special problems that are currently controversial are discussed.It is affirmed that the protection of fetus rights and interests is comprehensive and the seriousness of the law.