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Civil Protection of the rights of the fetus

Author: LeiJingFang
Tutor: PengChengXin
School: Jilin University
Course: Legal
Keywords: Fetal Rights Overall protection Individual protection Civil Protection
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 279
Quote: 1
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Abstract


The fetus is all necessary stage of the development of the natural life of fetal rights protection is the protection of natural person and property. In recent years, due to the rapid development of economy, fetal damage case happened again and again, but our country legislation on this issue almost in a blank state, in addition to the inheritance law of the People's Republic of China article 28 of the interests of an unborn child has a regulation, can't find other related laws. Due to the defects of the law in the judicial practice often cannot follow, make embarrassing trial department, the rights of the fetus also can not get effective protection. So the fetus rights of civil law protection problem appears especially urgent and important. This paper USES the research method of comparative analysis and theoretical analysis. This article first through to the foetus personality concept, nature, etc for comprehensive analysis, that the fetus can be seen as a special subject in civil law, gives its special legal status. Secondly, through the comparison to the countries of civil law legal protection to the fetus method, integrated China's national conditions, expounded our country law should adopt individual protection mode. Then detailed in our country should stipulate fetal rights enjoyed by the civil law system and analyzed.

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CLC: > Political, legal > Legal > Chinese law > China and France
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