| Never hesitated to is the traditional virtue of Chinese people, is the human social spiritual civilization show, has been highly people’s praise highly and praise. However, in real life is people praised the hero, but also to the bitterness of the hero after feel helpless and confusion. For a long time, on the behavior of the main evaluation mainly concentrated in the moral level, and few will rise to the legal level are analyzed and studied, the lack of legal relief and shortcomings, and makes\"the hero blood and tears\" event occurred frequently. In order to make up for our country law in protecting the lawful rights and heroic shortage, reduce the above phenomenon happening again, therefore, it is necessary from the legal aspect of heroic in depth analysis and research, in order to fully guarantee the lawful rights and interests of the main person to carry forward the traditional virtues of the Chinese nation, and promote socialist harmonious society, the construction of the rule of law society.This paper is divided into five chapters. The first chapter introduces the case and put forward, through the warm together who claim case case presentations in the case, on the basis of this paper tries to put forward further research, this paper is the following chapters around the question to launch.The second chapter, the basic problems of the heroic overview. This article from the behavior of the main legal definition, elements and warm current situation, two levels to the behavior of the main fundamental problems on a macro overview of readers, in order to to heroic behavior and the background in a general understanding.In the third chapter, the main legal recognition. This chapter, based on the current theory about heroic behavior different legal attribute theory to carry on the comparative analysis, the analysis and reference basis, this paper put forward about the heroic behavior law attribute qualitative point of view.The fourth chapter, the main legal remedies of the theoretical basis, present situation and defect. This chapter from three aspects of the behavior of the main current legal remedies to conduct a comprehensive analysis, looking for the relief of the legal basis, analysis the present situation of legal relief, and points out the deficiency of the current legal remedies. This chapter and the fifth chapter is the focus of this chapter, at the same time, the fourth chapter to the fifth chapter of the paper lay a foundation. The fifth chapter, protect the lawful rights and interests of the main several Suggestions. This chapter from the behavior of the heroic clearly related legal relationship, the main legal rights and interests protection of the overall principles and the main claim to exercise a sequence of three aspects, the author put forward on further perfect the main legal rights and interests protection Suggestions in the future, in order to the judicial practice, can warm for the protection of the legitimate rights and interests of the benefit. |
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