Lawyer Ruan Guozhong wants to win the Notice on Carrying out Poverty Alleviation Activities during t

Lawyer Ruan Guozhong wants to win the Notice on Carrying out Poverty Alleviation Activities during the Spring Festival issued by the United Front Work Department of Fuzhou Municipal Party Committee and Fuzhou Federation of Industry and Commerce to donate money to poor families. Lawyer Ruan Guozhong participated in the large-scale public welfare activity of "youth is my master" of China Media Affiliated Middle School in Beijing, and won the honor of love.

Can the wife claim the unborn child maintenance fee when the husband dies in a car accident? Can the wife claim the unborn child maintenance fee when the husband dies in a car accident?

In October 2017, Mr. Wang died in a traffic accident. Later, the traffic police team determined that the owner, Mr. Zhao, was fully responsible for the accident. Wang's family claimed the death compensation as well as the maintenance of the unborn fetus.

Question: Can Wang's family claim the death compensation as well as the unborn child support?

[Answer by lawyer]

The birth of a child is inevitable. When the fetus is successfully transformed into a baby, it has the relevant rights of citizens. Therefore, it is legal to ask Zhao to compensate for his alimony.

First of all, a posthumous child refers to an unborn child whose wife was pregnant when the decedent died. Article 199 of the General Principles of the Civil Law of China stipulates that "if a citizen's body is infringed upon and his death is caused, he shall pay funeral expenses, necessary living expenses of the deceased's caregivers and other expenses." In the article, "the person who supported the deceased before his death" includes the person who actually supported the deceased before his death and the person who should be supported by the deceased, including the deceased son born after his father's death. Therefore, the fetus in this case is a posthumous child, so the payment of this part of alimony complies with the relevant legal provisions.

"Rights begin at birth and end at death". Although the fetus is a person who can be born in the future, the interests of the fetus belong to the life law interests that everyone is entitled to enjoy. While the law protects the rights and interests of civil subjects according to law, its rights and interests before birth or after death should be equally protected.

Article 28 of the Inheritance Law stipulates that: "At the time of inheritance division, the share of inheritance of the fetus should be retained. The right of inheritance of the fetus should be recognized on the premise that the fetus survives after birth. In fact, the fetus should enjoy many rights after birth, not limited to the right of inheritance, such as the right of dependency, while the caregivers are first their parents. If one or both parents die before the birth of the fetus, they cannot fulfill their obligations of upbringing, and the fetus loses the right of upbringing after birth, which is important for its normal birth The living personal interests are seriously damaged, so the fetus has the right to request the infringer who caused the death of one or both parents to compensate for the loss of living expenses after birth. That is to say, the compensation items of the infringer should include all (when both parents died due to infringement) or part of the living expenses of the baby who survived after birth (when one parent died due to infringement). Therefore, bringing the unborn fetus into the scope of the dependants is in line with the spirit of fairness and justice of the law, which is also an important manifestation of the humanization of the legal provisions.

To sum up, the special reservation of the rights of the fetus (posthumous child) is a powerful protection of the rights of the fetus and is also conducive to the maintenance of social life order.