Focus On The Civil Protection Of Heroes And Martyrs' Personality Interests

The 185 th article of "Civil General Law",published in March 2017,establishes the civil law protection of the name,portrait,reputation and honor of the heroic martyrs by the means of special terms in the basic law.The legislative core of this article lies in maintaining the public interests.The protection of the personality interests of the heroic martyrs is not yet completed.On the premise of dealing with the relationship between the ordinary dead and the heroic martyrs,the scope of the subject and the interests of the personality should be clearly defined.At the same time,"the Heroic Martyrs Protection Law(Draft)" will also serve as one of the important basis discussed in this paper.Based on the introduction and judgment of typical cases in China,the significance and urgency of protecting the personality interests of heroic martyrs are summarized,and the differences and problems in protecting the personality interests of heroic martyrs in the academic circles are put forward.On the basis of theory,it is mainly explained from two aspects: first,the civil law gives legitimacy to the protection of heroic martyrs' personal interests.Through the analysis of different doctrines,such as the protection of close relatives and the protection of the personal interests of the deceased,the reasonableness and defects of the doctrines are discussed,and the theory of " " Part of the Capacity for Civil Rights " " provides more substantive support for the protection of the personality interests of the heroic martyrs.The second is the theoretical analysis of social public interest theory and public order and good custom.When we affirm the relevance between the two,we should also explain their differences.That is,the core of the protection of heroic martyrs is to protect social and public interests,instead of mixing social public interests with public order and good customs.Based on the above background and problems,the specific understanding and application of the article will be carried out as follows: First,to respond to whether the article violates the principle of equality of personality and to deal with the relationship between the rights of the living and the rights of the dead,the relationship between the hero martyrs and the ordinary dead,and the relationship between the protection of heroic martyrs' personal interests and freedom of expression,freedom of expression and academic freedom.Second,to define the scope of the main body of the heroic martyrs.Third,to understand "name,portrait,reputation,honor" that the 185 th has put forward,and other personality interests that are not involved and covered by the 185 th articles,such as privacy,as well as the personalities such as the remains of body,and the memorial facilities should also be protected by law.Fourth,based on the fuzziness and abstractness of theconcept of "social public interest",a certain method should be introduced to judge the behavior that damages the public interests.This paper will use the method of interest measurement to eliminate a lot of inconvenience.Fifth,to determine the types of public interest litigation and to expand the scope of public interest litigation will provide more effective protection for the protection of the personality interests of heroic martyrs.In the end,in view of the recognition of the protection of the personal interests of the deceased,this paper will make a reference and analysis from the perspective of the protection of the personality interests after the death of the public.