The Protection Of Fetus Interests

With the arrival of times of life sciences, the fetus and his legal protection will become"era subjects"in the 21st century. The fetus is the initial stage of the life, and concerns the life quality and national quality of one country. So, since Rome law, the corresponding legislation protects the fetus interests have been constituted in various countries, but laws are blank nearly in our country. In practice, the injuries to fetus always have been regarded as the injury to pregnant woman. In fact, the interests of pregnant woman cannot include all interests of fetus not only from theory but also from practice. The text discusses the basic theories of the fetus interests at the beginning. The author analyses the conflict between the requirement of laws concerning the protection of fetus interests and the imperfection of redress institution in order to emphasize the urgency to establish the civil lawsuit of the protection of fetus interests in our country. Then the text discusses the function of the civil lawsuit of public interests and its characteristic. In the key part the author not only introduces the theory and legislation of the protection of fetus interests in other countries, also the theory and practice exploration of the civil lawsuit of the protection of fetus interests in our country. At last, the author put forwards the special legislation and system for constructing the civil lawsuit of the protection of fetus interests from torts laws in our country and expects that this system can make sense.