On Civil Law Protection Of Personality Of Heroic Martyrs

Following the promulgation of Article 185 of the General Principles of Civil Law,the protection of the personality and interests of heroic martyrs has aroused public opinions.However,with the promulgation of the Law of the People's Republic of China on the Protection of Heroic Martyrs,the relevant issues have gradually been clarified.At the same time,personalities closely related to heroic martyrs should also be deeply discussed and studied.The Monument to the People's Heroes is one of the typical carriers of the heroic martyrs' personality interests.It not only has its uniqueness,but also represents the nature of many personalities of heroic martyrs.Therefore,this paper focuses on the Monument to the People's Heroes as the research object.The basic logic of this paper is as follows: first,the monument to the people's heroes is a monument;secondly,the monument to the people's heroes is a personality;thirdly,the monument to the people's heroes is a whole personality.This paper mainly studies the personality of heroic martyrs from four parts: The first part introduces the historical evolution of personality,which can be traced back to the ancient Roman period.After the protection of personality has been widely concerned,the material carrier related to personality has also been reflected in the law accordingly.Thus,on the basis of the original dichotomy of characters,the blending of people and characters has taken place.This kind of thing with personality factor is established as personality character.The second part introduces the legal system of personality of heroic martyrs.Although there are no specific provisions on personality in the current law of our country,there are still some laws related to it.In this part,we can sort out and analyze the applicable law and the non-applicable law,discuss the meaning and value of the monument to the people's heroes in the existing legal system of our country.The third part elaborates the legal nature of the personality of heroic martyrs.Although there are relevant provisions on the protection of the personality of heroic martyrs in Chinese law,the legal nature of the heroic martyrs' personality is not clear,which is not conducive to the protection of personality of heroic martyrs,so this part starting with the classification of personality and the interests contained in the monument of people's heroes,it is concluded that the personality of the heroic martyrs represented by the monument to the people's heroes is the overall personality.Thefourth part introduces the judicial remedy to the heroic martyrs' personality infringement,deeply analyses the existing practice of public interest litigation and related systems,summarizes the experience and shortcomings,and puts forward the following suggestions: first,social organizations that meet the corresponding conditions and qualifications should be endowed as the subject of civil public interest litigation;second,the plaintiff who initiates civil public interest litigation needs to be restricted.