Fetal Rights Protection Research

Article 16 of the People's Republic of my country has played a significant significance for the long-term development of fetal civil rights and interests in China.Among them,Article 16 stipulates that the fetus is considered to have civil rights capacity in accordance with the inheritance of heritage.However,the provision itself is not enough to cover all of the protection of fetal rights protection,especially the meaning of the word "," and is not clear in legislation.It can be seen that the civil rights enjoyed by the fetus is very limited.In reality,cases involving fetal rights disputes present a rising trend,and the case type is more complicated.Whether because of the third party infringes the compensation or disability,or because of the fault of medical institutions,there is no more explanation of the obligation,or directly hurt the pregnant women,the disability of the fetus is born in the abdomen,may cause the fetus.Damage of rights.In view of this situation,the judge is difficult to form a unified ruling and judgment because there is no clear legal norm,and the phenomenon of different judgment is easy to cause,so that the protection of the fetal interests is not sufficient,which will eventually cause irritation.Based on the provisions of my country's current related fetal rights protection,this paper chooses a typical judicial case involving the fetal rights protection system,fully combining my country's current related theory,judicial practice,and laws and regulations to analyze it,whether or not the fetus has damages,The right to request,the spiritual damage soothing gold has conducted affirmative demonstration.On this basis,summarizing the current deficiencies in this area,targeted the corresponding improvement recommendations: First,the legislative level should be clearly explicit in the legal concept,limited to the protection of fetal rights Range,establish a fetal specific rights system;followed by the judicial level,perfect the fetal litigation protection procedure,stipulate the statute of the statute of fetal rights protection,and improve the business capabilities of judicial workers.From this,it is desirable to provide recommendations for the unity of the fetal rights protection of the fetal rights and interests in my country,and add bricks to the fetal civil rights protection system.