Research On The Protection Of Fetal Inheritance Rights And Interests In China

With the development of human rights protection,the issue of protection of the rights and interests of the fetus has received more and more attention in recent years.Whether the fetus can be a civil subject is related to whether the fetus enjoys civil rights and whether the fetus can obtain property benefits.Although the fetus is not an independent natural person,the inseparable relationship with natural persons determines that the law must intervene in advance to protect the rights and interests.The negation of the civil rights in China's "General Principles of Civil Law" makes the fetus unable to enjoy the inheritance rights and obtain the inheritance interests,and the relevant provisions in the "Inheritance Law" are not only lagging and lack of practicality.The promulgation and implementation of the"General Principles of Civil Law" symbolizes that China's civil law has an important breakthrough in the issue of the civil rights of the fetus,so that the fetus can appear as a civil subject in the maintenance of inheritance rights and interests.The fundamental purpose of empowering the fetus is to protect the fetus from survival and development during the period of gestation and in the next few years after birth.Because the system of conferring civil rights to the fetus is still in its infancy,and the relevant laws and regulations such as the "Inheritance Law" have not been revised accordingly,there are still many shortcomings regarding the protection of the inheritance rights and interests of the fetus and need to be further explored.Under the background of the promulgation and implementation of the "General Principles of Civil Law",the compilation of civil code and the revision of the "Inheritance Law",this paper focuses on the analysis of the protection of fetal inheritance rights and interests.This paper is divided into four parts.The first part begins with the subject problem of the fetus,mainly from the two aspects of the fetus's civil subject qualification and civil rights ability.The second part discusses the inheritance rights and interests of the fetus,from the connotation and scope,the main manifestations and causes of the damage to the inheritance rights and interests,the importance of protecting the inheritance rights and interests,and other related issues of the inheritance rights and interests of the fetus.Part of the content focuses on the basic theoretical analysis of the issue of fetal inheritance rights and interests.The discussion of the rest of this paper is based on the basic theory.At the same time,the second part of the content also involves the introduction and analysis of representative cases in judicial practice,so that the perfect suggestions in the fourth part are more realistic.The third part mainly analyzes the legislation on the protection of the inheritance rights and interests of the fetus,and analyzes the defects and shortcomings in it.It corresponds to the content of the fourth part of this paper and is the main basis for the research of the fourth part.The fourth part is the important content of this article.The author intends to propose personal suggestions for improving the protection of the inheritance rights and interests of the fetus,from the foreign reference regulations,the construction of the rules in China's"Inheritance Law" and the feasibility regulations in China's "Civil Procedure Law".