Focus On The Protection Of Heroes' And Martyrs' Personality Interests

Heroes and martyrs have played a vital role in promoting the development of human society.They have even made incomparable contributions at the cost of their own lives.To respect and admire heroes and martyrs has become a common consensus and complex of social members.However,in recent years,the historical nihilism erroneous ideological trend and viewpoint existing in the society have shown a trend of expansion,and there is no law to regulate this kind of behavior,which further fuels its power.China's repeated violations of the legitimate rights and interests of heroes' and martyrs' have hurt public sentiment.Some people use the names of "academic research","reduction of truth" and "exploration of details" to vilify,denigrate,derogate from and question the heroes' and martyrs'behavior,which has caused a bad social impact.At the same time,the increasing progress of information network technology also makes it easier to harm the interests of heroes'and martyrs',and exacerbate its bad effects.Doing harms to heroes and martyrs not only seriously affects the personal interests of heroesl and martyrs',but also greatly damages the values and public interests of the society,and to a large extent,causes bad social impact.The general principles of civil law,adopted and deliberated in March 2017,for the first time explicitly protected the special interests of heroes'and martyrs' in the form of special provisions formulated in basic laws.Since this law is not complete for the protection of the personality interests of the heroes'and martyrs',the law on the protection of the heroes and martyrs has been promulgated to protect the lawful rights and interests of the heroes and martyrs.Some of the existing legal provisions are still relatively principled,and the specific procedures and entities in the litigation still need to be further clarified and improved.Relevant legislative and judicial organs should also clarify some issues through legislative interpretation or judicial interpretation at the appropriate time to ensure the effective implementation of relevant laws in practice.The protection of the personality interests of heroes and martyrs should adopt the theory of dual protection of the personality interests of heroes and the public interests.The personality interest of heroes' and martyrs' has double attribute,which not only belongs to social public interests,but also to private interests.The interest of heroes'and martyrs' personality not only protects the private interest,but also includes the social public interests.On the one hand,the legal rights and interests of heroes' and martyrs' should be protected by law.The legislative background of the actual situation determines that the personality interests of heroes' and martyrs' should be specially protected as the special dead,and their personal interests should belong to the property of private interests.In addition,the law on the protection of heroes and martyrs stipulates that close relatives have the right to file lawsuits,which also shows that it aims to not only protect the social public interests,but also protect private interests.In addition,we should also realize that heroes and martyrs have become part of the national spirit due to their special contributions,which is the mainstream value orientation of the people of all ethnic groups in the country.The violation of heroes'and martyrs?personality interests not only hurts the feelings of the public,but also impacts the core socialist values.In view of this,the heroes' and martyrs' personality is a matter of social public interest.In practice,there may be a phenomenon in which heroes and martyrs have no future generations to defend their rights or later people are unwilling to defend their rights.If they do not allow public interest litigation to provide relief,they will put the protection of heroes'and martyrs'rights and interests into an awkward situation,and the sucial public interests cannot be protected.That is,protecting the interests of the heroes and martyrs is also the need to protect the social public interests.In terms of research content,the first part analyzes the problems existing in the current protection of heroes'and martyrs'personality interests.The protection subject is not clear.The specific connotation of the legal concept initiated by heroes and martyrs is not specified in specific provisions,which means that there is a dispute between one subject and two subjects.Martyrs can be defined by relevant laws,but the connotation of heroes is relatively vague.The objects of protection are not sufficient.Legally,only four personality interests are listed,but no other personality rights are mentioned.At present,only the close relatives of the heroes' and martyrs'and the inspection organs can file a lawsuit to protect the heroes and martyrs,and the public interest lawsuit filed by the inspection organs can only be used as a supplement.The low cost of violation of law and the dispersion of public interests lead to the tragedy of the Commons.The second part is the jurisprudence analysis of the personality interests of the heroes' and martyrs',discusses the connotation of the personality interests of the heroes',and martyrs',and concludes that heroes',and martyrs',personality interests have the characteristics of private interests,public interests and permanent protection.The protection of heroes' and martyrs' personality is not only an inevitable requirement for safeguarding their dignity and legitimate rights and interests,but also a realistic requirement for safeguarding social and public interests.It is also an objective requirement for safeguarding ideological security and the socialist system with Chinese characteristics.The third part is the research on the constitution of liability for infringement of heroes',and martyrs',personality interests.The objects of infringement only include the four personality interests listed in the legal provisions."Damage the social public interest" is the identification of the nature of the ACTS against heroes and martyrs;The subjects who have the right to bring a lawsuit include the close relatives of heroes',and martyrs',and the procuratorial organs;Subjective elements include not only intent but also negligence.The fourth part is some improving suggestions referring to our country heroes'and and martyrs' personality interests protection.We should establish three basic principles for protecting the interests of heroes and heroines,respect and protect the lawful rights and interests of heroes' and martyrs',properly handle the relationship between safeguarding civil liberties and protecting the interests of heroes and martyrs,and make tort liability commensurate with fault.Clearly defined the connotation of heroes and martyrs and the scope of protection;Appropriate expansion of the scope of protection of the object,the privacy interests of heroes' and martyrs',remains,should also be included in the scope of protection;To intensify the sanctions on the violation of heroic personality interests and explore the necessity of introducing punitive damages;We will expand the scope of subjects of claims and allow more social forces to participate in litigation.