| The rapid development of social development and the increasingly complicated form of fetal unlawful infringement have brought great challenges to the existing civil justice system in China.The General Principles of Civil Law protects the civil rights of the fetus in matters such as inheritance and acceptance of gifts by summarizing the legislative model.This is not only the requirement of the development of the civil subject system,but also the result of the legislative response theory and judicial practice.However,the legal provisions of the model legislation are not as clear and direct as the enumeration model.By interpreting the relevant provisions on the protection of fetal civil rights in the General Principles of Civil Law,this paper analyzes the basis and value of its application,tries to put forward judicial suggestions for the difficulties in application,and is conducive to the implementation of the relevant provisions of the General Principles of Civil Law.perfect.The first part of the thesis expounds the legal position of the fetus,compares and analyzes the legislation on the fetal civil rights in different parts of the world,and then analyzes the basis and value of the protection of fetal rights in China from the aspects of biology,jurisprudence and system.The second part lists several situations in which the protection of fetal civil rights is applied to different enquities.In particular,in addition to the inheritance rights and the bequests,the legal provisions are not clearly defined as the wrong situation,such as wrong birth,parental infringement,gift,insurance contract property interests are infringed,and the interests of the infringement are infringed.The third part combines the actual enumeration of the application of the right to claim for fetal compensation is unclear,the subject of power exercise and the burden of proof are unclear,the same damage involves multiple people’s lawsuit order,and whether the parents’ promise can prevent illegal law and other problems frequently encountered in the administration of justice.The fourth part puts forward corresponding suggestions on the problem.For example,the judicial interpretation should clarify the right to claim for fetal health,support and mental damage compensation.It is advisable to establish the type of protection through the guidance case,and the principle of litigant litigation and court hearing should be adhered to. |
