Legislative Defects and Perfection of Fetal Interests Protection under the Background of the Civil Code

Abstract

In the background of the increasingly serious situation of population aging, China has introduced important fertility policies to further optimize the population structure. From the original two-child policy to selective and universal two-child policies, and now the three-child policy, all without exception, have reflected the major trend of the times. Also, the protection of fetal interests has received growing attention from society. The policies on fetal interests protection in the Civil Code of the People's Republic of China, which came into force in January 2021, mainly focus on inheritance and acceptance of gifts, while with no clear limits to the scope of the provisions. A comprehensive survey of recent court judgments shows that judges have certain discretion in the scope of fetal interests protection. This paper analyzes legislative defects of fetal interests protection and proposes several solutions to further improve the legislation.