On The Improvement Of Our Country's Civil Legislation On The Protection Of Fetal Interests

As long as it is a person,we must go through this stage of the fetus,it can be said that man is now the subject of social law,the fetus is the legal body of the future society,therefore,the protection of the fetus is actually the protection of our own.With the continuous development of social economy,the rapid acceleration of the process of industrialization,environmental pollution,food hygiene,traffic accident and so on more and more filled with our.At the same time,the fetus is because of various external factors to be violated.Therefore,the court accepted the number of cases of damage compensation due to the interests of the fetus by the rapid growth of the number of cases.Throughout the world,most countries are the protection of the interests of the fetus introduced relevant laws,compared to more foreign,our country in this regard is relatively backward,which makes damage to the fetus during the judicial practice of our country case because no laws and lost.In our country has not promulgated the "Civil Code" before,more and more comprehensive study,discuss the problem of protecting the interests of the fetus,especially through the issue of civil legislation to protect the interests of the fetus,on the one hand can broaden the theoretical study of the interests of the fetus,the other party can also promote the China on the protection of fetus interests related to the legislative process,for better and more comprehensive,more scientific protection of fetus interests.In this paper,the use of the comparative analysis,theoretical analysis and other methods were analyzed,and also learn the foreign from the angle of the civil law protection of the interests of the fetus theoretical achievements and practical experience,hope to be helpful for Chinese civil legislation on the protection of the interests of the fetus,hope that China's future on the introduction of the "Civil Code" to all-round,multi angle to the protection of the interests of the fetus.In addition to the introduction and conclusion,this paper is divided into six chapters:The first chapter is the definition of the meaning of the fetus.The fetal medicine on the meaning and legal meaning of comparison,that legal fetus should be different in medicine as defined by fetal,law refers to the fetus shall is from when combined with the father's sperm and the mother's egg begins to calculate to fetal birth shall which covers all stages of the fetus in the mother's womb conceived.The second chapter is the origin of the civil law protection of the fetus and the evolution of the relevant legislation.This part through the study of fetus rights protection in civil law system in the history of evolution,trying to explore development rules of the civil law protection for the interests of the fetus from,the trend of development,and strive to more fully through the civil law to protect the fetus interests.The third chapter is the theoretical basis for the protection of fetal interests in civil law.Based on the "right","interests of the association said","legal interest","tort liability" discussion,it is concluded that can be attached to the stop conditions "and"interests of the association said "in combination with each other,as the theoretical basis of China's civil law to protect the interests of the fetus.The fourth chapter is the meaning of the fetus and the scope of civil law should protect the interests of the fetus.Through the definition of the interests of the fetus,and then clear the interests of the fetus can be protected by civil law.The fifth chapter is about the current situation of civil legislation and judicial practice on the protection of fetus interests in our country.Through the status of civil legislation on the protection of fetus' interests in our country and some problems existing in the judicial practice of our country analysis,aims to point out the problems existing in our country's civil law to protect the interests of the fetus and the civil legislation to protect the urgency and necessity of the interests of the fetus.The sixth chapter is the assumption in our future civil code in the set of fetal protection system.This part through to the three set of "Civil Code" draft proposal on the protection of the interests of the fetus in the relevant provisions of the analysis,combined with this article,put forward the legislation on the protection of civil law of our country.The conclusion part carries on the induction and the summary to this article.