On The Legal Protection Of Civil Rights And Interests Of Fetus

Article 16 of the general provisions of the civil law is a huge breakthrough in the protection of the civil rights of fetuses,but there are still big problems.In recent years,the number of cases involving the protection of the civil rights of fetuses has been increasing year by year.Based on the fetus civil rights issues related to research,thought was given to the fetus civil main body status of the civil law of people's most comprehensive protection,this paper discusses the current situation of the research for the fetus civil rights protection in China and the existing problems,try to puts forward some proposals to the fetus civil rights and interests protection,the paper except the introduction and first chapter chapter 6 conclusion mainly includes the following four aspects:"Overview of the protection of the civil rights of the fetus" : this chapter discusses the definition of the concept of the fetus.The fetus has the independent life attribute,so the fetus should have the civil subject qualification;The fetus' rights of life and health,custody,land management and compensation should be protected by law."The theory of fetal civil rights and interests protection" : on the theoretical basis of fetal civil rights and interests protection,there are mainly three theories in the academic circle,namely,the theory of life interest protection,the theory of capacity for rights and the theory of tort liability.Three theories from different angles of study,the theoretical basis of the civil rights to protect fetus through three of this chapter analyzed the main content of the legal basis for the rationality of the theory and the existing problems,think that in order to better protect the civil rights and interests of the fetus,should break through the limitation of the capacity for rights of civil law system,so the significance of reference to the right ability to say more."The status quo and existing problems of civil rights protection for fetuses in China" : Our country "the general civil law" in the form of a list provisions must fetal inheritance,accept the gift,such as right,this is the major breakthrough in the legislation,but for the fetus civil rights and interests protection legislation in our country is not perfect,mainly reflected in relating to the protection of the rights and interests of fetus legislation is relatively small,it is difficult to solve the disputes in the practice,the main reasons for this situation is to list the type of legislative model is difficult to completely list all rights of the fetus,and the scope of Chinese current legal protection too narrow prevented some civil rights and interests of the fetus can be in accordance with,the lack of relief way so that when the fetus is tort relief."Legislative Suggestions on improving fetal civil rights and interests" : In order to ensure the stability of legislation,the general provisions of civil law is not suitable to make major changes to the legislative model after it has just been published.Some special protection system of fetus should be connected with the basic system of civil law,so that it is reasonable for the fetus to have no civil capacity.To strengthen the legal protection of the fetus civil rights law as the fetus is required to provide effective relief way,giving the most powerful relief way is to make the fetus fetus enjoy damage compensation claims,in this paper,the exercise of the right to claim damages incurred by time,exercising subject,object,scope of compensation research how to perfect the damage compensation of legal relief.