The Protection Of The Interests Of The Fetus Of Inherit

In recent years, in the judicial practice, to the interests of the fetus cases, more and more.Because of the fetus has not yet been born, their interests are often neglected, although all the interests of the fetus have different degrees of protection, but from the judicial practice effect, is still weak, lack of legal interests of the fetus indifference and protection, may not cause the judicial practice of the court case against the interests of the fetus in the trial when the interests of the fetus, the lack of legal safeguard.With the development of civil law, pay close attention to and protect the interests of the fetus, is a big trend of the legislation in the world.The inheritance law in our country should also conform to the trend of national legislation, certain fetal inheritance ability, clear fetal share of inheritance, protection of fetus pure profit of access, and give the fetus inherits recovery request right, perfect a series of effective legislation to ensure the realization of the interests of the fetusIn this paper, from the inheritance of the interests of the fetus, protection of the interests of the fetus are described.Paper is divided into four parts:the first part elaborates the concept of the fetus, from different angles on the fetus were defined, and lay the foundation for the protection of fetus interests; the second part enumerates the modern legislation in the fetal inheritance legislation, have a more comprehensive understanding of the relevant legislation of world within the scope of the main legislative cases, and analysis by the line, moderate to find the most suitable for China from legislation; the third part to find out the existing legislation, existing in the fetal inheritance interests protection problems, and analyze the reasons for its existence; the fourth part pays attention to the "Inheritance Law" the relevant amendments professor Yang Lixin put forward, and the introduction of the personal rights of extension theory, and humanistic care concept about teacher Wang Liming law, to protect our country improve fetal inheritance interests, and puts forward a series of proposals.