Insufficiency and Perfection of the Legal Protection System for the Interests of the Fetus in China

Ao Ping ； Yu Zhang ； Tengxiang Liang ； Chenyang Wang

《International Journal of Social Science and Education Research》 5卷11期 (2022/11) Pp. 267-273

https://doi.org/10.6918/IJOSSER.202211_5(11).0042

摘要

The Civil Code of the People's Republic of China (referred to as the Civil Code in the following discussion) separately stipulates the rights of inheritance of fetal inheritance and acceptance of gifts and protects a series of rights. Regarding the interpretation of the protection of fetal interests, China is more based on the legislative logic of individual protectionism. In some relatively specific interests, the fetus has the capacity for civil rights. Regarding the interests of this particular group, we can regard it as the right to satisfy the average growth and development of the fetus and the specific relief measures and measures to realize this right. The former mainly includes personal rights such as life and health and necessary property rights, while the latter mainly includes relief when the above rights of the fetus are damaged. Starting from the evolution and development of the legal protection system for the interests of the fetus in China, this paper mainly analyzes the possible rights of the fetus and the problems faced in protecting its rights from the two aspects of the rights that the fetus may enjoy and the methods and measures to protect its rights and to propose perfect measures.

關鍵字

Fetal interests ； Evolution and development of the system ； Civil code

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