Study On Civil Public Interest Litigation Of Heroic Protection

Come into force on May 1,2018 of the heroic martyrs of the People's Republic of China protects a law "(hereinafter referred to as the heroes protection act)caused the attention of society,its pioneering established the protection of the civil public interest litigation system,which not only complement and perfect the newly released 2017"general civil law "the 185 th clause of" heroes ",also opened up a new field of civil public interest litigation apply.In March 2017,the new implementation of the civil law general principles the biggest bright spot is established in the form of basic law in the special terms and conditions for some of the special protection of personality interests,the special terms of scholars known as "heroes",the terms and conditions arising from violation wav five strong men reputation case under the background of judicial,legislative significance in promoting social respect heroes,carry forward the socialist values,the core lies in the protection of the legislation of social public interest,but this law the provisions of the article is too general and fails to mention the specific way of protection.The "heroic protection law" clearly stipulates that it can be protected through civil public interest litigation.Since China's civil law emphasizes the protection of private interests,the system of civil public interest litigation has not been paid much attention by legislators until 2012,when the newly revised "civil procedure law" first confirmed the system in the form of legislation.In 2015,the procuratorial organs carried out a two-year public interest litigation pilot program across the country,achieving good results and accumulating rich judicial experience for the construction and improvement of China's civil public interest litigation system.With the vigorous development of the mass media,the personality of the more vulnerable to abuse,in order to better protect the interests of heroes character,newly enacted the act of the will of the protection into the scope of accepting cases of civil public interest litigation,however,the protection of the civil public interest litigation as a new field,has many problems,needs to be improved.This paper can be roughly divided into the following four parts:The first part is an introduction.This chapter mainly introduces the background,significance of the topic selection and the learning methods used in the writing process.On the basis of the research of relevant domestic literature,this chapter writes a review to sort out the theoretical disputes in the academic field in the civil public interest litigation system of heroic protection.At the end of the chapter,it summarizes the keypoints,innovations and shortcomings of this paper.The second part is an overview.This chapter firstly introduces the concept and characteristics of civil public interest litigation of heroic protection,and defines it by dealing with the relationship between it and the personal interest litigation of the deceased.Secondly,it introduces the general situation of the legislation on heroes' protection of civil public interest litigation in China,and analyzes its significance to China,so as to illustrate the importance of protecting heroes.Finally,by studying relevant theories,this paper discusses the jurisprudential basis for the incorporation of heroic protection into civil public interest litigation from the two dimensions of social justice theory and partial capacity theory.The third part is problem and reason analysis.First,this chapter introduces the protection of the civil public interest litigation in judicial practice,and through combing the heroes protection act after the implementation of typical cases,the comparative analysis of two cases and review of the case facts,induction of controversy,and at present in our country are brought forward in the construction of protection of the civil public interest litigation system of the main problems existing in the process.Secondly,the causes of these problems are analyzed from the two dimensions of legislation and theory,so as to provide a correct entry point for solving problems and putting forward Suggestions.The fourth part is the improvement suggestion.In this chapter,through draw lessons from foreign legislative experience in the field of civil public interest litigation and other related theory,not only to the scope of accepting cases,the claims,disputed in prosecution main body and other issues put forward its own views,also through sound before litigation procedures,support for close relatives and procuratorial organs of the prosecution system provides effective link mechanism on the program.