试论“胎儿权”

On the ″Foetus Right″

依民法理论,胎儿不能成为民事法律关系的主体,胎儿是附属于孕妇身体的一部分,“胎儿权”即是孕妇的人身权。但胎儿的特殊性质已使许多国家在涉及胎儿相关利益时将其视为自然人,并给予一定的法律救济权。我国应建立相应的胎儿权制度,为胎儿的权益提供法律保障。

According to the theory of civil law, the foetus cannot become the subject of the civil legal relation, for the foetus is only a part attaching to the body of the pregnant women. Therefore, the ″foetus right″,in essence, is the personal right of the pregnant woman. In many countries, however, the foetus is regarded as a natural person on account of its special nature and given a certain legal relief right in the involvement of relative interests of the foetus. A corresponding system of foetus right should be established in our country in order to provide the legal guarantee for the foetus' interests.