关键词: 民法总则, 胎儿, 胎儿权利保护, 权利范围, 诉讼能力

Abstract: According to the provisions of the General Principles of the Civil Law,the civil rights of citizens begin at birth and end at death. It denies the civil subject status of the fetus,which lags far behind the development of the times. The revision of Civil Code(General Rules)attracted scholars' interests at the beginning. The establishment of the civil subject status of fetus has become the highlight of the civil code revision,and is great progress in China's civil law studies. The concept of "fetus" becomes the basis of the establishment,which makes fetus a subject instead of an object in law. Most countries advocate for the protection of fetus,which provides abundant theoretical basis for the establishment of the subject status of fetus in China. The protection of the civil rights of the fetus not only requires the establishment of civil subject status,but also the protection of their lawsuit rights. Therefore,the fetus ought to have litigation rights besides their basic physical rights and identity rights. The establishment of the civil subject status of fetus is particularly beneficial to the realization of the right to compensation for fetal damage claims.

Key words: Civil Code, fetus, protection for fetus rights, right range, litigation right