随着现代社会的发展,人权观念日益深入人心,胎儿作为社会上的弱势群体却由于法律对其利益的保护十分单薄而使胎儿的利益得不到应有的保护。基于保护胎儿利益的现实需要,结合中国民事立法的现状,本文着重分析了胎儿利益保护的理论基础、立法模式和胎儿的损害赔偿请求权的相关问题,并对关于完善我国胎儿利益保护存在的问题提出有针对性的建议。 With the development of modern society, the concept of human rights has become increasingly popular with the public. As a vulnerable group in society, the fetus has not been able to properly protect the interests of the fetus due to the thin protection of its interests by law. Based on the actual needs of protecting the interests of the fetus and the status quo of China’s civil legislation, this article focuses on the theoretical basis of the protection of fetal interests, the legislative model and the fetus ’right to claim compensation for damages, and on the improvement of the existing problems of fetus’ interests in China Proposed advice.