Study On The Construction Of Punitive Compensation System For The Damage To The Personality Of Heroes And Martyrs Without Close Relatives

With the further improvement of material life and the collision of social thoughts,the society began to stigmatize the interests of heroic personality events and there is a growing trend.Article one hundred and eighty-five of the "general civil law of the People's Republic of China" and "heroic martyrs of the People's Republic of China protects a law" successively introduced and enacted,effectively curb this kind of situation,makes the heroic martyrs personality interests protection in China on a new step,to protect the social public interests,to inheriting the national spirit and to carry forward the socialist core values provide a solid legal protection.However,because of the haste of the legislation,there are still problems that need to be clearly defined and clarified.As a special group of heroic martyrs without close relatives,the "heroic protection law" defines cases that infringe on the personality interests of heroic martyrs without close relatives as public interest lawsuits.The procuratorial system,as the subject of civil public interest lawsuits,will elevate the interests of heroic martyrs without close relatives into public interests of the society.Because of the particularity of the subject and the particularity of the lawsuit,wujin heroes are more vulnerable to the infringement of the wrongdoer,and the existing legal system cannot protect them well.Therefore,whether the punitive compensation system can well protect the personality interests of heroes and martyrs without close relatives has become a new problem,which needs to be studied.This paper argues that the punitive compensation system can be applied to the cases of damage to the personality of heroes and martyrs without close relatives.