自罗马法开创胎儿利益保护先河以来,大陆法系各国民法对胎儿利益的保护都给予了不同程度的关注。关于胎儿利益民法保护的法理依据,理论界主要有权利能力说、法益说和侵权责任说,本文认为应采权利能力说。 Since the Roman law to create a precedent for the protection of the interests of the fetus, civil law of civil law countries in civil law on the protection of the fetus have given varying degrees of attention. On the legal basis for the protection of fetus’ civil law, theorists mainly have the power and ability to say, the benefit of law and the tort liability, and the article thinks that the rights and interests should be adopted.