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this regard, the court held that the interests in favor of the premise of protecting the fetus, if the fetus as a living body after birth, their interests should be acquired during fetal protection. Case,[link widoczny dla zalogowanych], Yu Mou payment money can be regarded as a legal act with the conditions, once gave birth to the survival of small grain, the extra money is to pay her living expenses.

introduced, according to the judge hearing the case, direct recognition of civil status the fetus have not yet been realized in many countries, China's civil legislation is all about. From this case post-judgment legal effect, the only realized after the birth of live fetal protection of the rights, and no broadly accepted that all fetuses have the capacity for civil rights in the qualification, so as to avoid a paper judgments resulting from a series of new problems, Yu Mou such as might infringe the legal rights and the rights and obligations as the two sides of the main obligations of the fetus as possible, both to protect the fetus and then trapped in the awkward position against them.
court with a accept the money can become a civil subject. Side view, according to China's civil law, the fetus not yet born, can not be civil subject, of course,[link widoczny dla zalogowanych], no way to enjoy civil rights. The other view was that, in principle, no legal capacity of fetal, but the case involves the protection of the interests of the fetus and after birth for the live, visual access to the small crystal is retroactive civil rights capacity.

46-year-old Ms. Li Yu Mou and his wife married in 1994. November 2006,[link widoczny dla zalogowanych], Yu Mou acquaintance of the little his teenage Yang Li (pseudonym), the two soon to live together. Not long after, Yang Li Yu Mou for pregnant children. During pregnancy, Yu Mou five minutes to a total of 60 million each other, as a child's future living expenses. December 2007, Yang Lisheng daughter under a crystal.
case analysis
Yu Mou's wife after the accident that her husband was found in Ms. Lee and other women have children outside, and donated 60 million children and, therefore, Yu Mou and Yang Li and her daughter sued to court. Lee believes that Yu Mou act against his or her legitimate rights and interests, she asked to confirm the payment of money shall be void Yu Mou, Yang Li-mother and daughter shared a decree to return 60 million.

this,[link widoczny dla zalogowanych], Yang Li in court, said she initially did not know when, and Yu Mou contact each other married. Yu Mou did during her pregnancy gave himself 60 million in cash, but all stated that these payments to the children's lives. Yang Li said, the child's rights can not be denied, and there is continued support payments to the rights of recourse Yu Mou, until live an independent life.

Yu Mou argues, Yang Li pregnancy, the number of abortion, threatened to take medicine, etc. for money. Yu Mou that his child support payments are too high, raising costs to meet the standard of living can be, the specific amount of discretion by the court.

Zea31085 · Posted: Fri 3:55, 25 Mar 2011 Post subject:

□ Spring Thunder Press correspondent Shen Mao Guanjuan ,[link widoczny dla zalogowanych]

Evening News for a drunken man broke into the room niece attempted indecent assault,[link widoczny dla zalogowanych],[link widoczny dla zalogowanych], was being bitten shoulder against the rear give up. Recently, Jinshan District Procuratorate on suspicion of rape (attempted) to Mr. Han approved the arrest of the suspect.
Anhui, 42 years ago, their wives and little man Mr. Han to Shanghai to work, staying in the village households Zhenmou Ting Lin Jinshan District home. Also to work with Mr. Han Jinshan the number of relatives, which lived in Mr. Han living next door to the processing of 21-year-old niece sweater juan (a pseudonym).
this year, November 4th at 8 pm, drink a little drunk to Mr. Han's temporary pass to the door next to juan, I saw only one niece juan processing wool sweater in the room, then moved evil. By Jiu Jin, Mr. Han broke into the house, leaned juan face, pulled juan hand pretending to her to borrow money,[link widoczny dla zalogowanych], juan hurriedly pushed around money, he said. Mr. Han did not realize that the very impulse to drink, Xipixiaolian said: , also reached into the clothes juan fumble. Juan strong resistance was humiliating, desperate push uncle's hands. The desperate, Mr. Han left shoulder juan mouth in a nasty bite, and the pain Mr. Han Wawataijiao only had to give up the idea of indecent assault juan.
After the incident, Mr. Han uncle juan worry about being harassed again,[link widoczny dla zalogowanych], and the fear of affecting their three aunts and three uncle (that Mr. Han couples) relationship, one person will be left alone to Ningbo Jinshan, after Four of her relatives, her aunt and uncle's repeated questioning four, only to tell them the truth. Mr. Han's wife, after finding out the truth, after a fierce ideological struggle,[link widoczny dla zalogowanych], decided to juan back to Jinshan and Jinshan with her to the police reported the matter.
Mr. Han explained after appearing in court attempted to rape his niece, the niece of harassment was a crime that niece bites. It is reported that Mr. Han has long criminal record deeds, in August 2007 Mr. Han trouble committing the crime was sentenced to imprisonment for 1 year and 2 months, in August 2008 released from prison.