46-year-old Ms. Li Yu Mou and his wife married in 1994. November 2006, 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, the other to a total of five sub-Yu Mou 60 million, as a child's future living expenses. December 2007, Yang Lisheng daughter under a crystal.

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, 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.

case analysis

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,nike mercurial, of course, 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.

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, Yu Mou money can be regarded as a payment conditional legal act, once gave birth to the survival of small grain, the extra money that paid 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,adidas predator, 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.