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Research On The Protection Of The Personality Interests Of The Heroic Martyrs

Posted on:2019-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y J JiaFull Text:PDF
GTID:2416330566965611Subject:legal
Abstract/Summary:PDF Full Text Request
The most notable of the civil law in the 2017 is the promulgation of the general principles of the civil law of the people's Republic of China(hereinafter referred to as the general principles of civil law),and the most concerned clause is the 185 article,which is commonly referred to as the "heroic clause".For the 185 "heroic martyrs",there are three meanings in this article: First,the people who are sacrificed to deal with the black and evil forces and to protect the people's or other people's personal property,including the ordinary people and the people who carry out the public affairs,are the new interpretations of the heroic martyrs in the new situation of peace.Second,and the most primitive meaning.It is a soldier who sacrificed or injured in defending the nation and nation during the war.The third is the extension concept of hero martyrs,that is to say,those who sacrifice for safeguarding national independence and freedom.In recent years,a lot of images of martyrs have been appeared in China,and many civil actions have been involved.So this article will lead to the 185 article of civil law,which has been debated by public opinion in recent years.The 185 article of the general principles of civil law embodies our protection of the national spirit and the importance of the martyrs' personal interests.The spirit of the heroic martyrs has been a part of the spirit of the Chinese nation,keeping in mind that the spirit of the heroic spirit helps to oppose nihilism,and helps to strengthen our socialist road and safeguard the political stability of our country.This article mainly aims at the concept of the protection of the personality interests of the heroic martyrs and the hot issues of the 185 article of the general principles of the civil law,and compares the advantages and disadvantages of the heroic martyrs' personality interests both at home and abroad,and puts forward the rationalization proposals for the legislation of the personality interests of the heroic martyrs in our country in the future.This article is divided into four parts.First,the article begins to elaborate and elaborate the definition of the concept of the personality interests of the heroic martyrs.In this part,this article also expounds the legislative changes and legislative background of the heroic martyrs' personality interests,including two aspects: the legislative changes and the people of the people of the general deceased.The legislative background of the 185 article of the general law.Secondly,through the in-depth study of the general principles of the general principles of civil law,the overall connotation of the 185 articles is analyzed,and the 185 articles of the general principles of civil law,which are more concerned with the public opinion,are tried to violate the principle of equality,and to safeguard the relationship between the personality rights and interests of the heroes and the freedom of speech and academic freedom.Thirdly,this article compares the legislation of the protection of the rights and interests of the heroic martyrs in the United States and Russia,and draws the advantages and disadvantages of the two national legislation through comparative research and analysis,and compares the legislative merits of the personality interests of the American and Russian heroic martyrs to compare the existing legislative and judicial practice cases in China.After that,most of the maintenance cases of the heroic martyrs in our country depend on the relevant legislation of the personal interests of the dead,and the 185 article of the general principles of civil law in China is too general,so it provides the direction for the legislation of the interest related legislation of the heroic personality of our country.Finally,this paper provides three suggestions on the legislation of heroic martyrs' personality interests: first,to expand the scope of the legislative protection of the rights and interests of heroic martyrs in our country,mainly in view of the protection of the rights and interests of the heroic martyrs in our country.Two,this article is related to the special legislation on the protection of the rights and interests of the heroic martyrs.The meaning of the provisions also involves the newly promulgated law on the protection of the heroic martyrs of People's Republic of China(abbreviated "the law of the heroic protection")and analyzes and summarizes the content and the legislative inspiration brought about.Three,according to the legislative inspiration of the law of the British heroic protection law,the proceedings of the personality interests of the future British male martyrs are proposed.Out of the optimization proposal.To sum up,the final solution of this article is to try to explain the connotation of the 185 articles,explain the controversial points of the 185 articles,and try to put forward some suggestions on the legislation and judicial practice of the related legislation in the future of the heroic personality interests.
Keywords/Search Tags:Heroic martyr, Personality interests, Protect, Legislative proposals
PDF Full Text Request
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