Research On Protection For Private Right Of Embryo

What is an embryo’s civil right ability, and weather an embryo has legal capacity for private right, are the foundations in studying the subject about the embryo’s civil right. It’s the basic principle of a law that a natural person’s civil right is beginned with the born of a peason, but if we carry out this principle strictly, the embryo who will be borned sometime will lose the protection of law. In order to fully protect the embryos’ interests, various countries have carried on the particular provisions to the embryos’ protection. In the mean while, it’s according to actual conditions of a country to choose the right exact civil rights which an embryo should have. It is necessary to reconsider the legal status and the range of civil rights of embryos to fully protect the embryos’ interests.This paper is divided into five parts:overview about the value of housework compensation, foreign legislation about the protection of the value of housework and the analysis of the present situation, present situation about the value of housework compensation system of our country and analysis, suggestions on perfecting China’s domestic labor legislation. The first part mainly introduces the housework’s basic definition and characteristics, introduce the economic and legal basis of housework’s value, explains the social significance about protection. The second part mainly introduces the relevant legislation about the protection of housework’s value of Germany, the United States and France, analyses the advantages and disadvantages between them. The third part mainly aims at China’s current "marriage law" in article fortieth, analyses comprehensively the provisions on protection of the value of housework, respectively explains the relevant provisions of our country from the view of legislative and judicial, puts forward the disadvantages and improvement about them. In the fourth part, the author on the basis of the disadvantages put forward in the third part, introduces the relevant suggestions to improve China’s current "marriage law" in article fortieth with the foreign legislative advantages in the second part. Housework compensation request right system through the improvement of legislation, standardizing the judicial gradually, can be widely used. Housework party right and interest also can get a comprehensive protection.