Research On The Fetal Rights Of The Compensation For Damage

Like other countries in the world,china also advocates protecting the fetus interests.In recent years,there are many civil cases that infringe on fetal interests.Because the current law of our country does not clearly stipulate the issue of compensation for the damage of the fetus,the lack of civil legislation leads to the inconsistent judgement of the cases,which can not effectively protect the fetal interests.So it is significant to claim for compensation for the damage of the fetus.This paper mainly uses the methods of comparative analysis and case analysis to discuss the damage compensation of fetal interests.On the premise of clarifying the legal concept,legal status and other basic theories of the fetus,the article analyzes Article 16 of the general principles of civil law,and finds that our country has not yet established the normative basis for the right of claim for fetal damage compensation.which leads to same cases of fetal damage compensation have different judgement.This is not only makes the right of relief to the fetus in a state of non existence,but also seriously damages the credibility of the judiciary.This paper attempts to compare and analyze the legislative provision of foreign countries on fetal damage compensation,summarizes and draw lessons from their legislative experience,and finally puts forward their own improvement suggestions: clearly stipulate that the fetus has the right to claim damages in the civil legislation;bring the spiritual damage compensation into the scope of application of fetal damage compensation;from the exercise time,the exercise object and the exercise subject to construct the rules of the right to claim for fetal damages.This paper through the active discussion of the right of claim for fetal damage compensation to further improving the protection system of fetal interests in China.