On The Civil Rights And Realization Mechanism Of The Fetus

Legally,a fetus is an embryo in the mother's body from conception to birth.An early embryo is not a fetus until it is transplanted into the womb.There are different attitudes towards the capacity of fetal civil rights in the world,mainly including generalization and enumerationism.Our country adopts the legislation mode of generalization doctrine.The fetus are considered to have been born,when matters relates to the protecting of the civil rights.The civil rights capacity of the fetus is generally stipulated in the law.The nature of the foetus' capacity for civil rights adopts legal conditions for termination.The civil rights of the stillborn fetus is lost at the time of conception.The civil rights of the fetus is different from the natural person which only refers to the civil rights,but does not includes the civil obligations.The fetus can enjoy various rights of person and property rights.The fetus can seek rights of relief when their rights is violated.With the continuous development of industrial civilization,there are so many cases that can make inroads on fetus' interests,including environmental pollution,industrial accidents.As a person without capacity for civil conduct,the fetus' rights of action for the recovery of damages is performed by their legal representatives.The fetus has the capacity of civil litigation.They can be the plaintiff or defendant.And the fetus can not be considered as a defendant against the interests of the fetus.In the society ruled by law,protecting fetus' interests is an inevitable social problem which is necessary and feasible.