An Analysis Of The Interest Of Ye Ting 's Personality

Since the beginning of the 21 st century,with the increasing innovation of the network information technology,the network infringes the examples of the heroes and martyrs,which not only caused great harm to the personal interests of the heroic martyrs,but also caused some adverse effects on the society.The problem of the infringement of the personal interest of the hero is becoming more and more important.On the basis of the basic case of the "To take the comics to insult the leaves.",this paper analyzes the two arguments in the present case: first,from the legal protection of the personality interests of the hero martyrs,the plaintiff has the right of claim and the proof of proof that the plaintiff should bear,the three angles of proof of proof prove that the plaintiff is the right case of the case in this case;and secondly,analysis If the act of the defendant should bear the infringement,the trial basis of the judgment in the present case is mainly the Tort Liability Law of the People's Republic of China(hereinafter referred to as the Tort Liability Law>).The General Provisions of the Civil Law of the People's Republic of China(hereinafter referred to as the Civil Code of the People's Republic of China)and the Law on the Protection of the martyrs of the People's Republic of China(hereinafter referred to as the Law on the Protection of the Martyrs of the The author will also focus on the analysis of the defendant's liability for tort from the perspective of the three laws.Through the combing and analysis of the two controversial issues in the present case,it is closely combined with the social reality,so that the legal thinking is raised,and the personality of the hero is put forward.Three legal considerations on the protection of interests: 1.The orientation and reconstruction of public interest litigation of heroic martyrs' personality: when the relatives of the hero and the martyr prosecute themselves,the procuratorial organ should also participate in the lawsuit as the supporting person of the public interest litigation.Second,the construction of the "heroic martyrs fund" system to provide economic guarantee for the protection of heroic rights and interests,and then put forward that the procuratorial organs take partin the "two-class" system as the prosecutor of public interest litigation first,and the construction of the "heroic martyrs' fund" system.Third,we should strengthen the reasoning thickness of the litigation judgment documents of heroic martyrs' personality interests,and promote the judicial decision to lead and practice the socialist core values.In order to promote the perfection of China's legislation and the protection of the heroic martyrs' personal interests,to meet the needs of our country.Combine and show the demand and respect of social reality,advocate the spirit of the heroic martyrs.