论胎儿利益的民法保护

Civil Protection of A Fetus' Interests

通过比较各国民法对胎儿利益的保护,胎儿利益的保护与必须赋予胎儿权利能力没有必然联系。保护胎儿的利益本质上是保护胎儿活产后人的生命法益,胎儿不享有权利能力。我国未来民法典在胎儿利益的保护上要界定清楚:胎儿的法律涵义是指,从人的受精卵到出生完成前的生命体。侵害胎儿利益的侵权行为具有独特特征。

Through looking over other countries＇ civil law, there is no necessary relationship between the protection of fetus＇ interests and the necessity of entitling it legal capacity for civil rights. The article holds that a fetus doesn＇t enjoy legal capacity for civil rights and fetus＇ interests is actually one kind of life interests. In order to protect a fetus＇ interests, China＇s civil code must priscribe clearly that：a fetus is legally defined as one life from sygote to being born and the behavior of violating a fetus＇ interests has its own feature.