一、胎儿民事权利保护的理论基础及我国的选择(一)权利能力说权利能力是权利能力说解决问题的关键所在,该观点认为只有法律肯定胎儿的权利能力,胎儿才具有民事权利,反之则不具有。(二)法益说法益说是由德国学者Planck创立的,他认为胎儿利益并不属于权利,而是一种生命法益,任何人都有权享有,生命法益本身并不是一种权利,相对所有权等权利而言,法律设有明确的界限,对权利的损害须以权利 First, the theoretical basis of the protection of fetal civil rights and the choice of China (A) the ability to say that power is the ability to say that the solution to the problem lies in the point that only the law affirmed the rights of the fetus, the fetus have civil rights, and vice versa do not have . (B) legal benefits say benefits from the German scholar Planck founded, he believes that the interests of the fetus does not belong to the rights, but a law of life benefits, anyone has the right to enjoy, the law of life itself is not a right, relative ownership, etc. As far as rights are concerned, the law has a clear line of demarcation and rights infringement on rights