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近些年来,我国法治建设事业在不断完善,人们权利意识日渐增强,开始更加关注自身权利的维护。不过在现实中,各种形式的侵权仍然经常发生,意外事故层出不穷,胎儿遭受不法侵害时有发生。一直以来,我国对胎儿保护采取的是绝对主义的立法模立,显示出了对胎儿利益保护的局限和不能。本文将结合《民法总则》第十六条的规定,探讨概括主义立法模式的可行性,进一步研究关于胎儿利益的保护问题。
In recent years, the cause of rule of law in our country has been constantly improving, people’s awareness of their rights has been steadily increasing, and more attention has been paid to the maintenance of their own rights. However, in reality, various forms of infringement still occur frequently, accidents emerge in an endless stream, and fetuses are infringed upon from time to time. All along, the fetus protection adopted by our country is absolutistic legislation and legislation, which shows the limitation and impossibility of protecting the interests of the fetus. This article will combine the provisions of Article 16 of the General Provisions of Civil Law to explore the feasibility of the legislative model of generalization to further study on the protection of the interests of the fetus.