An Analysis Of The Application Of Fetal Civil Rights Protection Norms

Before the promulgation of the General Principles of Civil Law,our civil law only clarified that the necessary share of the fetus should be retained in the Inheritance Law and its judicial interpretation.The promulgation of the "General Principles of Civil Law" has a milestone significance of the theory of civil law.This measure not only clarifies that the fetus is a special type of civil subject in legislation,but also lists the typical cases where fetuses have civil rights,such as inheritance and acceptance of gifts.However,the enumeration of Article 16 of the General Principles of Civil Law is not comprehensive.In the face of complex and ever-changing social relations,I believe that the scope of civil rights enjoyed by the fetus should be further expanded so that we can give better protection for the fetus.This article starts from the text of Article 16 of the General Principles of Civil Law.On the basis of summarizing the norms of protection of civil rights and interests of the fetus,this paper analyzes the profound meaning of the word "considered" in Article 16 of the General Principles of Civil Law from the perspective of legislative technology,it is proposed that "considered" here is a legal draft.The purpose is to enable the protection of the rights of the fetus to apply the rights and interests of the protection of natural persons' rights and interests.It explains how to comfirm fetal private personality,it is considered that it is more conducive to protecting the rights of the fetus when the begining of the fetus is defined as the pregnancy.Then elaborate the special value of Article 16 of the General Principles of Civil Law from the perspectives of human rights protection and human care,fairness and efficiency,and it is clarified that the civil rights enjoyed by the fetus include not only the "inheritance" and "receipt of gifts" clearly stated in the law,but also the right to health,custody,etc.It analyzes the common legal applicable elements related to "inheritance","acceptance of gifts"and fetal civil rights in personal injury,and clarifies that the fetus enjoys the right of subrogation and should have the party status in the procedural law,the act of accepting the gift of the fetus is to exercise claims,and the change of the property right must comply with the rules of change of property rights.At last,from the perspective of the actorIt,it clears that in special circumstances,parents can also become infringers of fetal personal injury.