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On the Range and Its Realization of Fetus’ Interest

Author: YuYongBo
Tutor: ZhaoXinHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: Fetus Interest Protection Legal status
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 363
Quote: 2
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Abstract


The fetus is the future of the legal subject in recent years against the fetal injury cases continue to occur, civil law protection of fetal interests also urgently need to improve. Roman law since the countries are legally set certain system in order to protect the interests of the fetus, but with the changes in the development of new biotechnology and modern medical technology as well as social policy, the protection of fetal interests become more complex. In China, this legislation but err on the simple and difficult to operate in practice. The author of to Feeling this situation, select the fetus interests the Civil Protection as dissertations, and hope that through their own research, to promote the improvement of legislation, thus promoting the development of society as a whole. Some scholars view of China has selected civil legal status of the fetus angle to write the problem of the status quo, the author focus topics to the interests of the fetus, the interests of the fetus specific range as well as the interests of the specific ways to achieve. This article Introduction to relevant legislation aimed at clarifying the world situation and the significance of research on the subject, and the papers are reviewed. For some of the problems that exist in our legislation, to explore issues related to fetal interests. The text of this paper consists of three parts. The first part of the civil status of the fetus. First clear the legal meaning of the fetus: the legal protection of the fetus is to point out to students this legal fact occurs has not been exposed before the mother, and life in the body is nurtured. Another fetus with people that the unborn fetus is a biological sense, rather than legal, and analysis of the fetus and the boundaries. Followed by the definition of civil legal status of the fetus, and analyze different doctrine, that the fetus does not have the qualification of civil subject, which is the preliminary question of the protection of fetal interests. Finally, it is pointed out that the fetus does not have the qualification of civil subject, but still has the law should protect the interests, respectively, from the point of view of jurisprudence and ethics. The second part of the scope of protection of the interests of the fetus. This section first cited the legislation of the countries, a comparative analysis of the civil law and common law two different legal systems. And then define the specific interests of the fetus, and start with the affect the fetus interests range of factors Speaking after built three concrete should be protected according to China's actual interests, health interests, identity of interests, property interests, including property interests include inherited interests, by bequest interests and the interests of the benefit in accordance with contract. The third part, the interests of the fetus protection implementation analysis. This section first discusses the fetal interests to achieve on the basis of - the fetus must be born alive. The classification analysis Way in the analysis of the property interests that the interests and identity of the interests of the health of the fetus, then the interests of the fetus Approach. Finally, the fetal interests to achieve the limitation of actions system related interpretations, in order to operate in practice. Conclusion: based on concludes the paper pointed out the significance of the writing of this article.

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