Research On The Protection Of Fetal Life Rights And Interests

"The general principles of civil law" provisions of article sixteenth of the scope of protection of the fetus from the "opinions of the Supreme People's Court on Several Issues concerning the implementation of the"People's Republic of China "Inheritance Law"(hereinafter referred to as the "Inheritance Law" opinion ")Heritage forty-fifth establishment of legitim system expanded to" accept the gift ",fully embodies the protection of the the interests of the fetus.Although the has milepost sense in sixteenth to protect the interests of the fetus,but this only to fetal life and health rights,custody,right to claim damages as specified,although there are words,but their understanding is Public opinions are divergent.especially in the right to life.It is precisely because of these differences that in practice a large number of violations of the rights and interests of the fetal life have been created.In this context,the spirit of human rights based on the protection of the rights and interests of the fetus is created in this context.The article tries to clarify the relations and differences between the related concepts from the old dispute problem of "the fetus is not human".Under this premise,the legislative mode of the legal personality status of the fetus is compared,and the unique viewpoint that the fetus has the status of "quasi personality" is put forward,which is the legal basis for the fetus to have the right to life.On this basis,by comparing the legal regulation of two typical violations of life rights and interests of different countries,it provides valuable reference for our country to protect the rights and interests of fetus from the legal perspective in the current context.The article is mainly built around three parts:The first part:the basic problems of the rights and interests of the fetus.First of all,it defines the rights and interests of fetal life,and leads to the problems discussed in this paper.The legal characteristics of the rights and interests of the fetus are summed up,and the situation of the infringement of the rights and interests of the fetus is summarized,and the necessity of the protection of the rights and interests of the fetus is emphasized.Introduces the development of the legislation to protect the rights and interests of the fetus,analysis of the status of legislation and judicial protection of the rights and interests of life characteristics in different historical periods,pointed out that China should learn from the protection of the interests of the fetus and the outstanding achievements of the legislative and judicial experience,provide a theoretical foundation for the following exposition.The second part:the problems existing in the protection of the rights and interests of the fetus.The main problem of legislation in China is the lack of fetus personality right system.The problem in judicial level is that it is difficult to enter the judicial process and trial without uniform standard.At the same time,it analyzes the conflict between the rights and interests of the fetus and the conflict between the right of female abortion.The third part:the legislative conception of improving the protection of the rights and interests of the fetal life.The third part is the proposal on how to protect the rights and interests of the fetus by legal means on the basis of the above two parts.First,we examine the legislation status of the United States and Germany to protect the rights and interests of fetus.The two countries are most representative in the protection of fetal rights and interests.Based on the experience of these two countries,we aim to develop a new way for protecting the rights and interests of fetus in China.In addition,from the perspective of legislation and judicature,specific measures for protecting the rights and interests of fetus are put forward,which provides some references for the effective protection of fetal life rights and interests.