| In our country,fetal rights are always accompanied bu problems.Fetus is the origin of human life.If the law protects the fetus,it means protect people.The General Principles of Civil Law at the beginning of the reform and opening up did not specifically provide for the protection of the rights and interests of the fetus,that is to say,the interests of the fetus in civil law were difficult to safeguard before the adoption of the General principles of Civil Law in 2017.Although article 16 of the General Provisions of the Civil Code gives protection to the inheritance of the foetus and the acceptance of gifts,there are also problems of theoretical inconsistency and lack of operability in this provision.In judicial practice,the judgment on the case of foetus interest damage mostly depends on the judge’s legal quality to judge.The judgment on the case is not convincing and there may be a problem of unfair judgment.So,how should the law of our country give perfect protection to the rights of the fetus?It is a problem for implement and scientific principle to explore in Chinese.The research of this paper takes Xie Mou A and Tian Mou,Xie Mou B common dispute case as the breakthrough point,combs the relevant legal basis of the case.Then it analyzes the current situation of the protection of the rights and interests of the fetus in China,puts forward the feasible path of the protection of the civil rights and interests of the fetus in China;continues to retain the relevant provisions of the original Inheritance Law;modifies the content of Article 16 of the General Civil Law;adds the fetal wrong birth relief system to the "Right to Personality Law" or the Tort Liability Law;and increases the limitation of action for the fetal right to damages and infringement of their rights and interests. |
