Legal Protection Of Fetal Civil Rights Andinterests

The general provisions of civil law,newly passed,refers that fetus posses the ability of civil rights for the benefit of inheritance and adopting protected in the 16^th.This enumerate or It provides a legal basis for the protection of the civil rights and interests of the fetus.,But.Only these two aspects are explicitly enumerated,and the general rule does not specify whether the word"etc"includes other rights and interests.In judicial practice,when other rights and interests of fetus are infringed,judges can only judge according to their own discretion,which inevitably results in different judgments in the same case.Therefore,according to this provision of the General principles of Civil Law,the problem of infringing on the civil rights and interests of fetus in judicial practice cannot be solved comprehensively and effectively,so it should be perfected in the future legislation.This article mainly uses the case analysis method,the comparative research method and so on the law research method.Firstly,the legal definition of fetal and fetal civil rights and the theoretical basis of fetal rights and interests protection are expounded.Secondly,through the carding of the case,the author classifies the behavior of infringing on the civil rights and interests of the fetus in reality,and analyzes the specific cases,and summarizes the characteristics of the act of infringing on the civil rights and interests of the fetus.Thirdly,through the interpretation of the cases in the paper,it is found that there are some defects in the protection of fetal civil rights and interests in China,such as"fetal civil subject qualification","scope of protection of rights and interests","legal remedy approach"and so on.It further analyzes the main reasons for these defects,that is,the choice of absolutism legislative model,the implementation of family planning policy and the lack of research on legal relief approaches,etc.Finally,according to the disadvantages of our country's current law in the protection of fetal civil rights and interests,the author puts forward the idea of perfecting the civil rights and interests protection system of fetus in China.Mainly from four aspects,that is,choose individual protectionist mode,recognize the status of quasi-civil subject of fetus,clarify the protection scope of fetal rights and interests,and construct a reasonable way of legal relief.Comprehensive It is not only the need of judicial practice to perfect the legal protection of fetal civil rights and interests,but also the inevitable requirement of perfecting the legal system of our country.The perfection of fetal civil rights and interests protection mechanism should not only establish the concept and purpose of fetal civil rights and interests protection,but also act in the actual legislative and judicial activities.Especially,there are no clear provisions in the law of our country at present on the relief measures when the fetus is infringed.In order to solve this problem,this paper attempts to remedy the protection of fetal civil rights and interests from the angle of tort law,hoping to be helpful to the future protection of fetal civil rights and interests.