Application Of Article 185 Of The Heroic Terms Of Civil Law

Insults and defamation of the heroes on the Internet and self-media have emerged in an endless stream,so Article 185 of the General Principles of Civil Law in China came into being.Although China has previously had a special judicial interpretation that has made relevant provisions to protect the personal interests of the deceased,heroes and martyrs The personality interests of the people should be distinguished from those of the general deceased.As a symbol of national spirit,the hero and martyrs not only cover the characteristics of the personality interests of the general deceased,but also belong to the public interest.Based on the legal analysis of Article185 of the General Principles of Civil Law,this article combs the legislative formation and legislative background of Article 185 of the General Principles of Civil Law.After the promulgation of Article 185 of the General Principles of Civil Law in China,the theoretical circle Whether the proposed article violates the principle of equality,what is the standard that harms the public interest in judicial practice,and whether there is a tendency to restrict freedom of speech,etc.,has conducted in-depth research,and has made specific damages and faults in the elements of the reputational infringement of heroes and martyrs Discussion,thus distinguishing the personal interests of heroes and martyrs from those of ordinary deceased persons,and put forward corresponding optimization suggestions.