Study On The Lawsuit Of Fetal Inheritance Rights

The existing laws in our country cannot comprehensively protect the system of fetal formation,and have always formed a situation of heavy physical and light procedures.Especially after the promulgation of the "General Principles of the Civil Law of the People's Republic of China" in 2017,the fetus enjoys the conditional civil rights in inheritance,acceptance and donation,and the civil procedure law has not been amended or issued judicial interpretation,which results in The disconnect between substantive law and procedural law.The result is that the applicable laws and regulations in practice are different,and the two-level differentiation of the ability of the fetus is caused by judicial confusion.This article takes the litigation of the right to inheritance of the fetus as the perspective,combined with the civil entity law and the relevant theories and legal provisions of the civil procedure law,taking the elements of the civil litigation as the entry point,the fetus' s ability as the center,and analyzing the structure of the litigation.Finally,specific procedural safeguards are proposed for the claims of fetal inheritance rights,aiming at giving procedural care to the protection of fetal interests and providing advice on judicial practice.In addition to the abstract,introduction and acknowledgments,this article consists of three parts,totaling more than 27,000 words.The first part of the question is raised.Through two opposing cases,the current situation of the litigation of fetal inheritance rights in China is that the ability of the fetus is different,and the scope of the litigation of the fetus inheritance rights should be the litigation of the fetus based on the claim of inheritance.The special feature of the lawsuit is the ambiguity of the special provisions of the litigation,the civil substantive law and the procedural law on the fetus,and the future uncertainty of the fetus itself.The necessity of studying the lawsuit is that the inheritance of the fetus has been first established by the civil substantive law,and the civil procedure law must respond to it,and the protection of the inheritance interests is in line with the traditional Chinese cultural concept and is also in line with the protection of private rights.Requirements.The second part analyzes the components of the lawsuit of fetal inheritance rights.The litigant as the litigant of the fetus inheritance right has the ability of the party,but the ability of the party may be lost retroactively due to the birth of the dead body;the litigation object of the litigation is a controversial inheritance legal relationship,and both the complaint and the payment The nature of the complaint;the reason for the complaint is that the inheritance of the fetus is infringed by other heirs or third parties.The third part is the procedural guarantee of the lawsuit of fetal inheritance rights.Explain the theoretical background of the procedure guarantee for the inheritance rights of the fetus,and propose the specific measures for the guarantee of the procedure of the inheritance rights of the fetus.It should be considered from the aspects of expanding the scope of the civil litigant,guaranteeing the fetus and co-inheritance of the joint heirs to participate in the inheritance right.