Research On Civil Public Interest Litigation Of Heroic Personality Rights And Interests

In recent years,there have been frequent cases of slandering heroes and martyrs for improper benefits,which have caused extremely bad social impact,and the protection of heroes’ rights and interests has become increasingly important.At present,relevant laws have been introduced one after another in our country,making it clear that heroic personality rights cannot be infringed,and it has been brought into the scope of civil public interest litigation,by the procuratorial organs exercise the right of public interest litigation.Our country’s legislation of civil public interest litigation about heroic personality rights is generally macro,most of the legal provisions only make presidential regulation,some legal concepts and legal connotation are not yet clear.By combing and analyzing the general situation of judicial practice and the focus of disputes in specific cases,we can see that civil public interest litigation of Hero’s personality rights mainly faces four problems.First,the scope of accepting cases is not clear.Neither the meaning of "heroes and martyrs" nor the identification of "damaged social public interests" are specified in detailed legal provisions.Second,the qualification of the subject of prosecution is not clear.Scholars have different views on whether the close relatives and other organizations can bring the civil public interest litigation of Hero’s personality.Third,the pre-litigation procedure is not perfect,the single way of pre-litigation procedure is not conducive to the improvement of litigation efficiency;Fourth,the relief effort is inadequate.Heroic public interest litigation cases usually only require the infringer to stop the infringement,restore the honor and make an apology.In general,the intensity of punishment is relatively low,and the deterrent power to the infringer is insufficient,which cannot effectively curb the occurrence of infringement.In order to ensure the realization of the purpose of civil public interest litigation of Hero’s personality rights,it is necessary to put forward some suggestions for improving the existing problems of the system.First,it is necessary to clarify the relevant legal concepts,such as clarifying the meaning of "hero" and "martyr"."hero" and "martyr" are both noun attributes,and they are parallel and have equal status.Second,we should grant social organizations the right of public interest litigation,expand the scope of the subject of prosecution,and determine the order of the prosecution according to the close relatives,social organizations and procuratorial organs.The third is to adopt diversified ways of pre-litigation procedure to effectively solve the connection problem between pre-litigation procedure and litigation procedure;Fourth,we should improve the way of apology and the introduction of punitive compensation mechanism,increase the cost of infringers of the law,and set up a special fund for the protection of heroes,to strengthen the comprehensive protection of heroes.