Research On The Scope Of Protection Of Fetal Interests

Capacity for our country"General Provisions of the Civil Law".break through the traditional rights system reconstruction fetus's interests protection system,which take the form of a list and summarized the legislative technology,type listed part of the fetus interests,made out "etc."provision,this provision too abstract,academic understanding"etc."controversy,clear fetus's interests protection has become a pressing issue.In addition to the introduction,this paper is divided into five parts.The first part introduces the legal status of the fetus.As the object of legal protection,the position of fetus in private law has been established in China's civil law until now.The definition of "fetal beginning period" is "conception time",and the definition of "fetal end period"is"independent breathing theory",which is the premise for the accurate definition of the legal meaning of fetus.The second part introduces the basic theory of fetal interest protection.General Provisions of the Civil Law has adopted the theory of"protection of partial rights and ability" to construct the protection clause of fetal interests.The nature of part of the rights of the fetus is identified as the "release condition theory",and part of the interests of the fetus should be protected when it is infringed upon illegally,and an interest representative can be set up to represent the interests of the fetus.The third part introduces the investigation and analysis of the legal norms of the interests of fetus protected by law in China.Although China has established a fetal interest protection system after a long period of development,the current system is still not clear about the scope of fetal interests and the protection is insufficient.Therefore,it is necessary to clarify the scope of fetal interests,strengthen the construction of legal system and build a complete supporting system.The fourth part introduces the comparative law investigation and enlightenment of the scope of the interests of the fetus protected by law.Combining with the experience of foreign legal system and drawing on the advantages of the two legal systems,Chinese legislators have adopted a new legislative model,namely "partial enumeration plus generalization",to construct a more scientific system for the protection of fetal interests.Extraterritorial system has brought many enlightenments.In the system of protecting fetal interests,we should balance the protection of personal and property interests.It is necessary to clarify the scope of fetal interests protected by law by special legislation.The fifth part is the main conclusion of this paper.Life interests and physical health interests are the premise to protect the interests of the fetus,and the protection of the parental and kinship rights of the fetus is the basis for the growth of the fetus after birth.In addition,the property interest is the basis of fetal material preserve the personality interests,in pure benefit act involved,such as inheritance,accepting gifts and bequests when the fetus has a part of the personality,can become the subject of rights,in principle,the fetus does not have spiritual personality interest,but involved in special cases should be admitted that the fetus shall have the right to relief.