Study On The Application Of Law To Protecting Heroic Martyrs'Reputation

In recent years,cases of online "we media" infringing on the reputation of heroic martyrs are common,which directly promoted the enactment of "heroic martyrs protection law"(hereinafter referred to as "heroic law").Starting from the four judicial cases of reputation infringement of heroic martyrs before and after the promulgation of the heroic law,this paper mainly expounds the views from the following aspects: first,it defines the scope of the current heroic martyrs;Second,the special character of the fame of heroic martyrs,especially the dialectical unity between the fame of heroic martyrs and the existence of public interests.It is further elaborated that the public interest lawsuit filed by the procuratorial organ needs to damage the public interest as the premise,but it does not need to provide evidence to prove that the public interest is violated.According to the different legal interests of the infringement,the procuratorial organ can still file the public interest lawsuit when the close relatives of the heroes and martyrs file the lawsuit.Third,the two cases after the enactment of the heroic law reflect the absence of the right of action when the procuratorial organs file public interest litigation and the low cost of tort doer's liability.Combined with foreign legislation and China's judicial reality,the corresponding improvement measures are elaborated.Based on the above issues and ideas full thesis is divided into four chapters,the first chapter through four heroic martyrs reputation to protect judicial cases in the judicial practice reflects the heroic martyrs whether fame has its particularity and reputation protection and freedom of speech is in conflict,whether in the publicinterest as a tort constitutive requirements,whether the procuratorial organ as the only subject of civil public interest litigation,the suit right of the procuratorial organ is missing,tort liability and cost is low.From heroic martyrs in the second chapter,honorary general theory as the starting point,this heroic martyrs' reputation on the protected period,with the public interest,public figures reputation as well as ordinary distinguish the reputation,in the civil public interest litigation of public interest as a tort constitutive requirements,combined with the four heroic martyrs reputation infringement cases comprehensive analysis heroic martyrs reputation tort constitutive requirements.The third chapter draws lessons from the relevant experience of overseas legislation on the protection of reputation rights and summarizes the enlightenment to the current laws on the protection of heroes and martyrs in China.In chapter 4,combining the problems reflected in the four cases of the protection of the reputation of heroes and martyrs,the author puts forward legal opinions on the protection of the reputation of heroes and martyrs,such as granting the procuratorial organ the right to claim damages,applying the principle of strict liability,establishing the punitive compensation system,and legal opinions on the establishment of the system of persons subject to enforcement of Internet breach of trust.