胎儿的准人格地位及其人格利益保护

胎儿是一种人类生命,但又不是人;其不具有现行法规定的民事权利能力,但又必须享受一些权益的法律保护。对于胎儿的人格地位,民法理论素有争议。胎儿属于准法律人格者。准法律人格即非完全法律人格者亦非完全无法律人格者。它是法律立足于胎儿的生命特质、胎儿保护的价值理念以及民法人格制度的立法逻辑所作出的人格定位。准法律人格者享有不同于自然人的特殊的人格利益及其权益保护规则。

The Quasi Legal Personality Status of Human Fetus and its Personality Right Protection

The human fetus is a form of human life,but strictly speaking it is not human;it doesn't possess necessary civil legal capacity,though it enjoys some personality right protection.The legal personality status of the human fetus has for years been the contending grounds in theories of civil law.This paper argues that human fetus should be categorized among the quasi legal personality,which is defined as neither one that possesses full legal personality nor one that is without any legal personality.The definition as such is based on combined factors such as the life traits in the fetus,the conceptional value of fetus protection as well as the logic of legislation in civil law legal personality system.The sub-legal personality enjoys special protection of legal personality rights and interests that is different from that of the natural person.