On The Legal Protection Of The Rights And Interests Of The Fetus

The General Provisions of the Civil Law of the People's Republic of China was adopted on March 15,2017 and came into force on October 1 of the same year.The General Provisions of the Civil Law,on the basis of the General Principles of the Civil Law,add provisions for the protection of the interests of the fetus,involving the protection of the interests of the fetus such as inheritance,acceptance of gifts,etc,the fetus shall be deemed to have the capacity for civil rights.However,in practice,damages to fetal interests caused by traffic safety accidents and medical accidents occur from time to time.The General Provisions of Civil Law only protect the right of inheritance and donation of the fetus,while other rights and interests of the fetus are not involved too much.Therefore,this article will focus on fetal rights related issues,analysis the meaning of the fetus and its legal status,and expounds the theoretical basis for protection of fetus rights under,on the basis of the analysis of the insufficiency at present,the rights and interests of the fetus protection,finally the article in view of the development direction of fetal rights give their some Suggestions,in order to improve the protection of the rights and interests of the fetus to offer reference to the relevant legislation.The whole paper is divided into the following five parts:The first part is "The introduction".This paper introduces the background,purpose and significance of the research,as well as the current legislation and research status abroad,as well as the domestic research status.The second part is "The definition of fetus and fetal rights".This paper mainly introduces the meaning of fetus and analyzes the different views of different scholars on the legal status of fetus.At the same time,it compares the similarities and differences between fetal rights and natural person's rights and summarizes the content of fetal rights and interests.The third part is "The value analysis of fetal rights protection".It mainly enumerates the moral and legal basis related to the protection of fetal rights and interests,including the protection of the value of life,in line with the connotation of humanitarianism,conducive to the all-round development of the fetus in the future,in line with the choice of social justice.The fourth part is "The dilemma of fetal rights protection".First introduced the protection of the rights and interests of different countries for fetal selected three legislative modes,through the analysis of the legislative mode,pointed out that since the General Provisions of the Civil Law in our country,the selection of legislative model for individual protectionism,but as compared to the same as individual protectionism of Germany and Japan,in the General Provisions of the Civil Law,our country hasn't make complete enough to "individual" rights and interests.Therefore,our country in the legislative model and the legal provisions of the adaptation,there are deficiencies.Due to the lack of legislation,in judicial practice,there are some problems,such as the determination of fetal rights in the lawsuit of infringement,the qualification of the subject of fetal litigation,and the relief path of rights.The fifth part is "Suggestions on fetal rights protection".Starting from the choice of legislative mode,this paper puts forward some Suggestions on how to protect the right to life,health and other personal rights of the fetus,and puts forward some opinions on the special problems that infringe on the right to life,including abortion,forced abortion and fetal death.