On The Damage Compensation For "Wrongful Birth"

Domestic scholars study the related issues of "wrongful birth",and more focus on the qualitative exploration of the definition of "wrongful birth" and the basis of the right to claim,but less in combination with China's judicial practice in the case of damage compensation detailed analysis.This article is based on four main axes design the research framework and carry out in-depth research.In the first chapter,through the analysis of the collected 182 cases of "wrongful birth" damages and judicial judgments,it is found that the Chinese courts have disputes in establishing the main body of the right to claim in this type of case,there are differences in the determination of the establishment of liability,and the same case under the circumstances,there is a big difference in the scope of compensation.In the second chapter,it mainly sorts out the theoretical point of view about whether parents and deficiencies can become the subject of claims in this type of case.Finally,this article believes that parents can become the subject of claims in this type of case,but the deficiencies cannot be the subject of claims.The third chapter mainly discusses the constituent elements of tort liability and breach of contract liability for "wrongful birth" damage compensation cases.At the same time,it also analyzes the handling of breach of contract liability and tort liability.This article believes that the victim should choose one.The fourth chapter mainly analyzes the results of the collected judicial judgments,and thus discusses the scope of damage compensation and the calculation of the amount.This article believes that the scope of damage compensation includes property damage and moral damage compensation,and the property damage compensation items include Medical expenses,nursing expenses and special maintenance expenses,but excluding disability compensation,death compensation and funeral expenses.The calculation of the amount should first follow the principle of profit and loss balance,the principle of negligence and the principle of self-fault of the victim.The calculation of the amount of damage compensation on property should use a specific calculation method.