Research On The Legal Issues Of Protecting The Personal Interests Of Heroic Martyrs

Heroes and martyrs who have made great contributions to the great cause of the Chinese nation and its independent liberation deserve the respect of future generations.However,in recent years,there have been a lot of behaviors in the society that belittle and smear the image of heroic martyrs,distort and deny their heroic deeds and spirits,which not only infringe the reputation,honor and other personal interests of heroic martyrs,but also damage the social public interests integrated into their personal interests.In response to these acts,Our country has added Article 185 when formulating the "General Principles of Civil Law" and promulgated the "Law of the Protection of Heroes and Martyrs" to make up for the lack of protection of the personal interests of heroes and martyrs,which is of great significance to the respect of heroic martyrs,the promotion of heroic spirit and the core socialist values.However,due to the hasty formulation of the system,there are some problems in the protection of heroic martyrs’ personal interests,which leads to the obstacles in the application of the laws related to the protection of heroic martyrs’ personal interests and the inability to achieve the purpose of legislation.Therefore,it is necessary to conduct an in-depth study of these problems,so as to put forward relevant solutions.There are the following problems in the protection system of the hero and martyr’s personality interests in our country: The request order of the hero and martyrs ’personality interest request subject is unreasonable;there is a conflict between the protection of the hero and martyr’s personality interests and freedom of speech;the rules for determining the damage to the public interests of the society are unclear;.In response to these problems,this article proposes solutions from the following three aspects: First,it is recommended to remove the restrictions on the requesting order of the heroes and martyrs ’personality interests,and adhere to the principle of combining the protection of social public interests with the litigation economy to reasonably connect the requesting subjects’ requesting order.Second,Second,delimit legal boundaries for freedom of speech,and at the same time use factual statements and opinion expression theories to analyze the exemption situation of speech and guarantee the exercise of freedom of speech;Third,reasonably define the meaning of social public interest and clarify the damage judgment rules of social public interest.Through the above ways to improve the legal system,solve the obstacles of the application of the law related to the personal interests of heroes and martyrs,and ensure the realization of the legislative purpose,so as to play the role of law.