Study On The Right Of Claim For Fetal Damage Compensation

In a biological sense,we refer to life that is not yet separated from the mother as a fetus,and when the mother laboriously gives birth in October,we call it a baby,and so on,but legally we call it a natural person.So the fetus in gestation is essentially the initial state of existence of human life.He and natural persons come from the same source and more vulnerable,he needs people's care,the protection of the law.Therefore,the fetus in gestation,as the initial stage of life development of all natural persons,affects the future of human beings.Since the new century,a large number of traffic accidents have led to the fetus in gestation also become one of the indirect victims,Severe environmental pollution makes the fetus may face different degrees of damage before birth,although the laws of our country has given a small number of property interests of the fetus,However,the right to claim for fetal damage has not been legislated.Due to the lack of legislation,judicial practice urgently needs the introduction of the relevant system of the right to claim compensation for fetal damage.Therefore,by analyzing the cases of infringing the fetal interests in the judicial practice of our country,this paper analyzes the related legislation of the fetus in our country and combines the extraterritorial judicial practice and legislation of Britain,Japan and so on.In order to perfect our country fetus damage compensation right of legislation put forward countermeasures and Suggestions.The main content of this paper is the right to claim damages in the protection of fetal interests,the full text is divided into four chapters:The first chapter: through the analysis of two domestic adjudicated cases,we find and compare the differences between them,so as to analyze the problems caused by the cases.The second chapter: on the basis of the first part of the case and the existing relevant legislative provisions of our country,this paper summarizes the current situation of the protection system of fetal interests in our country,and analyzes the deficiencies of our legislation in the protection of fetal interests.And then analyze its deep-seated problems.Chapter three: starting from four typical countries of continental law system and Anglo-American law system,through consulting the translated books of scholars in our country to find out the relevant legislation of fetal interests and to evaluate them,it lays a foundation for the following suggestions.Chapter four: in view of the problems raised in this paper,summarizes the contents of the previous three parts,and come up with a number of legislative proposals suitable for the state.