The civil subject of fetus is not accepted in China's civil law, which results in the inadequate legal protection of fetus' benefit. With the development of society and economy, cases of damage to fetus' benefit occurred in succession, so the benefit of fetus should be brought into the future protection mechanism of civil law. China should adopt generalized protectionism for the legal regulation of fetus' benefit protection, and enumerates comparatively universal and safe fetus' benefit and validate them accordingly. Finally, we could constitute a more perfect civil law system of fetus' benefit protection. |