Study Of Research On The Protection Of Fetal Interests In Civil Law

With the development of society,more and more attention has been paid to the protection of fetal interests in civil law.The foetus is in a relatively vulnerable position among social groups and the civil protection of its interests is particularly important.However,the current civil legislation of our country is not perfect for the protection of the interests of the foetus,resulting in the situation of the interests of the foetus is common.Therefore,the civil law protection system of fetal interests needs to be improved.First of all,At first,this paper expounds the conception of the protection of the foetus' interests in civil law,and introduces the theoretical basis of the protection of the foetus' interests in civil law.This paper analyzes the current situation of the legislation on the protection of the interests of the foetus in China,and puts forward the shortcomings of the protection of the interests of the foetus in China at present.Secondly,through the civil law system and common law system on the status of the protection of foetus interests of civil law legislation,from which to find the beneficial experience on the protection of foetus interests of civil law.Finally,the paper puts forward some suggestions to improve the protection of the foetus' interests in civil law,and pointed out that the claim right of the foetus should be established in three aspects: clarifying the claim right of the foetus for mental damage,standardizing the exercise time of the claim right of the foetus,and determining the limitation of action of the claim right of the foetus;The explicit right of claim for inheritance in relation to the protection of the right of inheritance of the foetus and the application of the legal representative and guardian system in relation to the protection of the foetus' right to bequeath;The principle of inversion of the burden of proof should be applied in cases of infringement of the interests of the foetus.This paper uses the method of literature analysis,concept analysis,comparative analysis and empirical analysis to analyze the civil law protection of fetal interests in depth.The paper affirms the civil subject status of the foetus,improving the relevant provisions on the protection of its interests from the aspect of civil legislation,it's benefits to protect the interests of the foetus in civil law.