Research On The Legal Protection Scope Of Fetal Interests

With the continuous development of the society,the increasing number of means of transportation and the drive of economic interests,there are more and more incidents that infringe on the interests of the fetus.The fetus is the origin of life,so it were of great significance for the law to protect the interests of the fetus.In the period of the General Principles of the Civil Law,the fetus did not have the status of civil subject,and that Inheritance Law(now that Inheritance Code of the People’s Republic of China)only stipulated that share of the fetus’ s inheritance,which have little effect in that protection of the interests of the fetus.With that emergence of that General Principles of Civil Law,legislation begin to paid attention to that protection of that interests of that fetus,to give the fetus alive when delivery,so that the fetus has a certain capacity for civil rights,which were undoubtedly an greatly progresses on that civil law of our country,that protection of that interests of that fetus have an important role.whatever,we should also saw that China’s law to defend that interests of the fetus is not perfect,on real life on that case of infringement of that rights and benefits of that fetus there are opposite results of the judgment.In China,an complete legally systematic to defend the gains of that fetus have not been formed,and the legal system were not flawless,which must to be further ameliorated on that future legally and judicially procedure.Therefore,in this paper,the author through three typical case,USES the case analysis method,the method of literature analysis method,law analysis,to our country legal system to protect the interests of the fetus the analysis of existing problems,put forward own revision opinion,hope to help improve the system of legal protection of fetus interests in our country.