On The Fetus' Right Of Compensation For Damage

The fetus,as the initial stage of man,has great significance for human development In recent years,with the development of biotechnology,human medicine and social concepts,humans have paid more and more attention to the fetus,and the protection of fetal interests has become more and more complicated.Increasing risk factors in modern society also lead to frequent occurrence of fetal damage.At present,there are few civil legislation on fetuses in our country,and the theoretical research on this issue is not enough.There is no relevant legal basis and guiding case for actual fetal damage compensation cases.In order to prevent the rights of the fetus from getting relief,and the contradiction between actual infringement and legal relief is further expanded,we need to explore the initial stage of "people" as the legal subject.Therefore,it is practical and necessary to study the legal issues related to the right to claim fetal damages.This article focuses on the relevant legal issues of the right to claim fetal damages.Starting from the basis of the right to claim fetal damages,this article proposes legislative suggestions on the right to claim fetal damages through an analysis of the subject and scope of the right to claim fetal damages.The full text is mainly discussed from the following five parts:The first part is the definition of the right to claim fetal damages.Analyze the definition and particularity of the right to claim fetal damages,study the meaning and characteristics of the right to claim fetal damages,and pave the way for further research.The second part is the basis of the right to claim fetal damages.The establishment of the right to claim damages is closely related to its legal basis.It clarifies the right basis for the right to claim compensation for fetal damages.On this basis,it explains the basis for the exercise of the right to claim for compensation for fetal damages.The third part is the subject of the right to claim fetal damages.This part first studies whether the fetus has the legal status of the subject,mainly studies the controversial views currently available,clarifies the subject of its exercise,and further clarifies the scope of the subject of the claim.The fourth part is the scope of application of the right to claim fetal damages.Starting from two aspects,the scope of damage compensation is defined on the issue of claim for property damage compensation;at the same time,in the study of mental damage compensation,by analyzing different doctrines and views,the claim of fetal mental damage compensation necessity.The fifth part is the legislation and suggestions of the right to claim fetal damages in China.By analyzing the current status of the legislation on fetal rights in China,it points out the existing problems and gives legislative suggestions.