论民法对胎儿的保护

On the Protection of Human Foetus by Civil Law HJ5mm]

在我国目前司法实践中 ,对于胎儿遭受损害进行赔偿的法律规范不甚明确。适值民法典立法之时 ,有必要重新反思胎儿的法律地位以及我国目前立法对胎儿保护的妥当性 ,确认其享有的权利范围。应采取列举主义扩大对胎儿的保护范围 ,应当对胎儿在财产继承权、健康权、遗赠权、受抚养权、依契约受益权以及程序法上作为诉讼主体的权利方面予以确认。

In judicial practice at present in China,there aren't any clear and definite leg al provisions in undertaking to indemnify the human foetus whose interests were jeopardized.Just when Civil Law is legislated,it is necessary to reconsider the legal status of human foetus and the appropriateness of the protection of human foetus by legislation at present in China so as to affirm in legal form the limi ts of rights enjoyed by human foetus.By means of taking enumerationism to expand protective limits of human foetus,we ought to affirm in legal form human foetus 'following six rights,i.e.property heirship,health right,right of presenting a g ift,right of being brought up,beneficiary right judging by contract and right of being regarded as procedural subject in Procedural Law.