Civil Law Protection Of The Reputation Of Heroes And Martyrs

In recent years,incidents of infringement on the reputation of heroes have occurred from time to time.When the reputation of the heroes and martyrs was violated,how to protect them in civil law became the focus of the society.Prior to the promulgation of the?General Principles of Civil Law?,the Court's handling of cases of infringement upon heroes and martyrs is mainly in accordance with the provisions of the?Tort Liability Law??Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Compensation for Liability for Mental Torts?and other laws and judicial interpretations,protect the reputation of the heroes and martyrs with the reputation of the ordinary deceased.This method of protection is difficult to solve the problem of how to protect the reputation of the heroes and martyrs when the protection of the close relatives of the heroes and martyrs is absent.After the promulgation of the?General Principles of Civil Law?,the existing legal documents are still insufficient to solve the above-mentioned issues.There is also a problem with Article 185 of the?General Principles of the Civil Law?that the content of the articles is too general and operability is not strong.There is a consensus on the definition of "heroes and martyrs," "harming social and public interests" in the meaning of the provisions.On April 27,2018,at the second session of the 13th National People's Congress Standing Committee,the "Law on the Protection of Heroes and Martyrs,"although more systematically formulated protection measures for the reputation of heroes and martyrs,there are still heroes.There is a problem that the scope of the martyrs is unclear and the subject of public interest litigation is relatively single.This article,by referring to the views of many scholars,analyzes the connotation of "heroes and martyrs" in Article 185 of the?General Principles of Civil Law?,the connotation of"reputation",and "harming social public interests" in Article 185 of the?General Principles of Civil Law?.In accordance with the opinions in the?Protection of Heroes and Martyrs Protection Law?,several suggestions were made on the characteristics of the infringement of reputation of heroes and martyrs,the subject of protection,and the protection methods,with a view to increasing the?General Principles of the Civil Code?.Hope to increase the operability of Article 185 of the?General Principles of Civil Law?,regulates the remarks on the interests of heroes and martyrdom in life,reduces the blasphemy of heroes and martyrs,etc.,and provides certain references for the court's judgment on the heroes' and martyrs' reputation protection lawsuit.Through the protection of the honors of heroes and martyrs,the national spirit and the stability of social order are maintained.The text is divided into four parts:The first part mainly discusses the connotation of the concepts related to the honor of heroes and martyrs,and explains the development course of the protection of honorary civil law of heroes and the necessity of special protection.It is clear that the heroes and martyrs should include two main bodies:"hero" and "martyr".The definition of hero and martyr is "hero" and"martyr" who have made tremendous contributions to the country and the people since the modern era and have gone so far.For the protection of the privacy of heroes not involved in Article 185 of the?General Principles of Civil Law?,reference should be made to the relevant judicial practice of the protection of the dead's privacy and to protect the privacy of the hero and martyr with the aid of the hero's reputation.The second part introduces the necessity of protection of honorary interests of heroes of the country.The third part mainly explains the main forms and special protection scope of the infringement suffered by heroes and martyrs.The fourth part introduces the legislative status quo of the honor protection of heroes and martyrdom in China,and proposes legislative and judicial suggestions to improve the protection of the reputation of heroic martyr in China.It mainly includes the following:One,in addition to the close relatives of the heroes and martyrs,the units and units of the heroic martyr during his lifetime may also initiate lawsuits to protect the reputation of heroic martyrs.Second,the public interest litigation system will be perfected,and public prosecution actions may be instituted by the prosecutors,civil affairs departments,and social organizations.