On The Problems And Countermeasures Of Hero Martyrs' Protection Of Public Interest Litigation

In recent years,some online businesses and individuals have made profits for attracting attention,even used insulting heroes to vent their bad emotions,distorted and fabricated the deeds and achievements of heroes and martyrs by various means such as using the internet to spread bad videos against heroes and martyrs from the media,selling posters against the contents of heroes and martyrs,and even desecrated heroes and martyrs by denying or insulting them.Therefore,the Law of the People's Republic of China on the Protection of Heroes and Martyrs came into being.However,due to the short implementation time of the new law and the lack of relevant practical experience and in-depth theoretical research,the problems existing in the public interest litigation system for the protection of heroic martyrs need to be further clarified so as to make the public aware of the corresponding legal responsibilities for the deliberate distortion and desecration of heroic martyrs,to safeguard the personal interests of heroic martyrs and the social public interests to the maximum extent,and to practice the socialist core values.The specific identification and internal meaning of "heroic martyrs" are directly related to the scope of accepting cases for instituting public interest litigation for the protection of heroes.At present,the concept of heroic martyrs is still controversial.Whether it includes heroes and martyrs or heroic martyrs should be accurately grasped.It is worth studying on the practical issues of defining the acts of freedom of speech and infringing upon the personality interests of heroes and martyrs,whether the pre-litigation procedure can be started before the litigation of protecting public interests of heroes is filed,how the procuratorate advocates the litigation request in various liability ways,and whether compensation for mental damages can be filed at the same time.Based on the above background and problems,this paper studies the problems and countermeasures of the public interest litigation for the protection of heroes and martyrs from the following aspects: first,it briefly summarizes the system and legal basis of the public interest litigation for the protection of heroes and martyrs;Second,the case review of the public interest litigation for the protection of heroes and martyrs in our country and the proposal of the focus of the dispute,as well as the analysis of the focus of the dispute in the case;The third is to put forward the hero martyr protection public interest litigation system existing several problems andlegal analysis;The fourth is to learn from the foreign provisions on the protection of heroes and martyrs,so as to think about the protection of our country's heroes and martyrs;Fifth,in view of the existing problems in yinglie protection public interest litigation system,put forward specific Suggestions.