Research On Legal Protection Of Fetal Interests

The life course of a person begins with abortion,and the fetus is the beginning of everyone's life.The degree of development and health of the fetus is very important for every natural person.It is about the dignity and decent life of everyone.China's previous legislation sporadically reflects the trend of fetal interest protection.In recent years,the reality of the endangered fetal interests in practice has continuously promoted the legislative process in China.The provisions of Article 16 of the 2017 General Principles of Civil Law mark the tremendous progress of China's civil legislation in respecting life and protecting human rights.The author aims to put forward his own opinions on the basis of the theoretical research on the protection of fetal interests in China through the analysis and research on the legal protection of fetal interests,and expects to protect the provisions of the General Principles of Civil Law and the future protection of the interests of the fetus in China.Development has helped.This article is divided into six parts:The first chapter is the introduction part of this paper.The two typical cases are selected to introduce the theme of this article—the protection of fetal interests,and introduce the background,research significance,research methods and related literature review of the article.The current provisions on fetal protection in our national law,that the protection of the interests of the fetus is in line with the needs of China's humanistic values,highlights the attitude of our country's law to respect life and protect human rights.The second chapter introduces the different meanings of the fetus in medicine and law.It proposes that the legal definition of the fetus should include all the time and stage from the time of maternal conception to the time of delivery from the mother body,and should not be artificially deliberate.Divide the phased protection provided by the latter because the latter is a denial of the coherence of the natural person's life course.The third chapter introduces the four mainstream theories about the protection of fetal interests in the theoretical circles,namely,the theory of legal benefits,the protection of personal rights,the theory of rights and the theory of tort liability.The author explains the basic ideas represented by each doctrine,and It analyzes the advantages and disadvantages of each doctrine,and believes that the theory of rights and power should be the theoretical basis for the protection of fetal interests in the theoretical circle of civil law.The fourth chapter summarizes the three classifications of the fetus benefit protection mode in China's theoretical circles,namely the comprehensive protection mode,the conditional comprehensive protection mode and the enumeration protection mode.The main contents of each protection mode are introduced and evaluated..The fifth chapter mainly introduces the regulations on the protection of fetal interests in some typical countries in the world.The countries selected in this paper are Germany,Japan,the United States and the United Kingdom.These four countries have their own characteristics in protecting the interests of the fetus: German law Raising the protection of the fetus to the responsibility of the state and society;the Japanese law focuses on the protection of the fetus' s inheritance rights;while the United States and the United Kingdom focus on the protection of the fetus' s interests in the right to life and the right to claim damages Protection of rights.The sixth chapter analyzes the status quo of China's fetal interest protection mentioned in the above sections,sums up the problems faced by our national law in the protection of fetal rights,and according to these problems,the right to the right,from the fetal rights and The coordination of civil legislation,the protection mode of fetal interests,the construction of specific fetal rights and the improvement of relevant legal procedures put forward suggestions for perfecting China's fetal benefit protection system.