On the Legal Capacity of Fetal Rights——An Analysis from the Ethical and Legal Perspective / 中国医学伦理学

ABSTRACT

There are many arguments on the legal capacity of fetal rights for a long time,but no definite conclusion has ever been reached.Based on ethics and approached in jurisprudence,this article tries to jump out of the traditional mode to analyze the reasons for the independent personality of fetus and justify the view that legal capacity of fetal rights does not necessarily require additional restrictions.The legal capacity of fetal rights origins from social ethical values.Morality distinguishes right from wrong,law pursuits for justice,and moral value is the basis of the law and human nature.The definition of legal "person" should first respect for the objectivity of human development process and the nature of human.It's necessary to recognize the independent personality of fetus,protect the vulnerable groups,and the people in the most vulnerable stage of human development on the basis of social moral value.The directive function of law on morality should be enhanced in our nomocracy-favored society,so as to achieve the reunification of fetal rights in the context of harmonious society construction and realize the human virtue of excellence and harmony.