论胎儿的民事主体资格——兼与胡宇鹏先生商榷

On the Competence of Civil Principal Part of the Fetus——Discussing with Mr Hu Yupeng

鉴于生育权具有其特定的涵义、内容和实现标准,伤害胎儿不是对生育权而是对生命健康权的侵犯。因受诸多适用条件的限制,请求权继受理论不足以对胎儿予以充分保护。依据总括保护主义,赋予胎儿民事主体资格,不仅能最大限度地实现对胎儿的保护,亦得以对民事权利能力制度的发展完善产生积极影响。

Because the right of the bearing has its own meaning,content and standard of realization, disservicing fetus is a behavior trenching the right of life healthiness instead of the right of the bearing. The theory of inheriting the right of request, which has been restricted by a good many applying condition,can not protect the fetus sufficiently. Endowing the fetus with the competence of civil principal can not only realize the protection of the fetus maximum but also provide good infection with the development of the system of the capacity of civil rights.