On Civil Law Protection Of Fetal Rights In China

With the advancement of the times,the incidents of violation of fetal rights have occurred in large numbers.These controversial events have caused heated discussion in the academic circles.With the publication of the General Principles of Civil Law,my national law has made great progress in protecting the rights of the fetus.However,the provisions of the General Principles of Civil Law on the protection of the rights of the fetus are vague in terms of wording,and the content of the regulations is not comprehensive and specific.It seems too general,so there are still some doubts about the application of the law.Regarding the status quo of China's fetal rights protection,before the promulgation and implementation of China's "General Principles of Civil Law",the national law on the comprehensive protection of fetal civil rights in legislation,the national law concerning the protection of fetal rights and interests is only the "Inheritance Law." The provisions on the fetus reserve in the "Inheritance Law" have protected the property rights of the fetus to a certain extent,but did not involve other aspects of rights and interests,and overall it is not timely and comprehensive.After the promulgation of the General Principles of Civil Law,China has made great progress in protecting the civil rights of fetuses.However,due to the simplicity and generality of the legislation,many cases of different judgments have appeared in judicial practice.After the promulgation of the General Principles of Civil Law,there are still some legal application issues for the protection of fetal rights and civil law in China.First of all,the meaning of the word "equal" in Article 16 of the General Principles of Civil Law is not clearly defined in the legislation.Second,the General Principles of Civil Law stipulates that the fetus does not have the right to life,but such regulations may raise moral hazard.Third,according to the law,both bequests and additionacceptances require the recipient to expressly accept,but the fetus cannot express it.In,it is not clear whether the claim for compensation for the mental damage of the fetus is established.At the same time,whether the so-called"wrong life" can be the cause of litigation is also unclear.There is also controversy over whether parents can become subjects who infringe on fetal rights.Relatedly,whether the parents" promises and faults can be the defense of the infringer's liability for exemption are not regulated by law.The "General Principles of Civil Law" gives the fetus the right to file a lawsuit in its own name on issues related to the rights of the fetus.Then,when the case of the fetus is the plaintiff,when does the litigation effect start?The above-mentioned question"General Principles of Civil Law" does not give specific provisions in the law.Regarding the application of the law to improve the protection of the civil rights of the fetus in China,first of all,the most important thing is to clarify the meaning of the word"equal" in Article 16 of the General Principles of Civil Law.When this scope of protection is clarified,the life benefits of the fetus should be protected,and caution should be exercised when negating the request for the fetus.But the so-called "wrong life" that the academic circles are hot about should not be the cause of action.The issue of parental violation of fetal rights should be treated differently.If the parent has a promise or fault in the infringement,the third person may not be exempted from the responsibility of infringing the fetus,but the third party's right to recover the parent of the fetus is retained.However,according to the biological properties of the fetus,it is not possible to exercise its above rights directly and independently.At this time,it is necessary to protect the rights of the fetus in accordance with the minor's guardianship system.As for the commencement of the statute of limitations,the time required for the damage should be determined to be treated separately.