Study Of Hero And Martyr-Protection Civil Public Interest Litigation

The rapid development of the era of self media provides more ways for people to express whatever they want,but the phenomena that the rights and interests of martyrs are infringed has also increased with each passing day.In that case,simply relying on private-interest litigation and administrative measures to fight has been unable to fully protect the interests of this special group.The hero and martyr’s spirit is regarded as the national spirit of a country,and it is an inevitable trend to shield it in the way of civil public interest litigation.Although China has taken martyrs into the scope of civil public interest litigation,there exist many difficulties in completely applying civil public interest to handle cases since heroic protection has its own particularity.Starting from the dilemma in practice,this article has conducted in-depth research on related issues in order to improve the operation of the hero and martyr-protection civil public litigation.This article is divided into four parts:The first part describes the background and development process of the civil public interest litigation.First of all,it examines the development of China’s civil public interest litigation and the special needs of heroic protection.Secondly,using the "Heroes and Martyrs Protection Law" as the timeline,introduce the changes in hero and martyr-protection in China before and after the promulgation of the law.The second part expounds the current situation of the hero and martyr-protection civil public interest litigation.First,it sorts out the legislation,relevant judicial interpretations and other regulations,and expounds the state of China’s hero and martyr-protection;Next,by carefully studying judicial precedents,find out what the status is like when bring a public interest suit against someone in the field of heroic personality rights and interests;Finally,summarize the characteristics of the heroes protection civil public interest litigation.The third part sorts out the problems existing in the hero and martyr-protection civil public interest litigation.Based on the investigation about practical situation in the second part,sum up the problems existing in the hero and martyr-protection public interest litigation.In the meanwhile,analyze the main problems about the hero and martyr-protection public interest litigation being unclear,strict restrictions on the initiation of litigation procedures and chaotic relationship between hero and martyr-protection public interest litigation and private interest litigation..The fourth part is the suggestion for the existing problems.First,it is necessary to clarify the two core concepts of heroic martyrs and social public interests;secondly,it is recommended to strengthen the connection between pre-litigation procedures and litigation procedures.A single prosecution entity is not conducive to the protection of heroes and martyrs.The entity qualification of administrative organs,relevant units and social organizations are supposed to be granted.Finally,on the basis of clarifying the boundary between the heroic protection civil public interest litigation and private interest litigation,the connection between the prosecution process of the heroes ’close relatives and the prosecution agency will be strengthened.