In some traffic accidents, a pregnant woman's baby has not yet been born, but because of the traffic accident, the mother has been injured, resulting in the premature birth of her fetus. After the premature death of the fetus, whether the responsible person should bear the death compensation liability for the consequences of the premature death of the fetus, there are two completely different handling opinions in the case hearing:
 1. Article 9 of the General Principles of the Civil Law stipulates: "Citizens have the capacity for civil rights from birth to death, enjoy civil rights and assume civil obligations according to law." It can be seen that the prerequisite for citizens or natural persons to obtain civil rights is "birth", that is, the fetus in the life gestation stage is completely separated from the mother, and is born alive, that is, has the capacity for life. In this case, the fetus was still in the mother's body when the damage occurred, so it did not have the capacity for civil rights and could not enjoy rights and obligations as a legal natural person. The death compensation and funeral expenses claimed by the plaintiff were not supported because they had no legal basis
 2. After the birth of a newborn, it is a subject with the capacity for civil rights. If it suffers health damage in its mother's body, it can exercise the right to claim damages according to law. The plaintiff was a pregnant woman when the traffic accident occurred, while the fetus was in the womb of the pregnant woman, and the maternal injury would induce or aggravate the premature birth of the baby. The judicial expert conclusion has proved that Lei's premature birth of the fetus has a causal relationship with the road traffic accident. Therefore, the responsible person should bear the death compensation liability for the consequences of premature death of the fetus.