A Study On The Protection Of The Personality Rights And Interests Of Heroes, Martyrs And So On

Article 185 of “the General Principles of Civil Law”provides a legal basis for the protection of personality rights and interests of heroes,martyrs and so on,but it needs to be further improved in practice.The scope of the legal concepts of "heroes and martyrs,etc." and " social public interest" in this article is not clear,and the civil liability of the perpetrator under this article is difficult to determine.These are the problems that must be solved in the legislative process of the protection of personality rights and interests of heroes and martyrs,etc.The author hopes that through the study of this paper to promote the solution of the above problems,so as to perfect the system of protecting personalit rights and interests of heroes and martyrs,etc.With the research of semantic analysis,inductive analysis and other methods,the author thinks that "hero" should be a noun juxtaposed with "martyr",and is not limited to the dead.And the subject of "etc." should be the people with the same social meaning as the "hero and martyr".Onthe basis of comprehensive analysis of the legislative background and judicial decision of Article 185 of “the General Principles of Civil Law”,the author thinks that "social public interest" should refer to the national emotion,national spirit and socialist core values related to heroes and martyrs,etc.However,in the aspect of responsibility,we should combine the features as well as consequences of damage about the related case concerning the personality rights and interests of heroes and martyrs,etc.to determine it specifically.The analysis and claification of the above problems is of great significance to the application of Article 185 of “the General Principles of Civil Law”,which can improve the practical operation of the law and be conducive to the protection of personality rights and interests of the heroes as well as martyrs.