On Punitive Compensation In Public Interest Litigation For Protecting The Rights And Interests Of Heroes

The establishment of civil public interest litigation in the field of the protection of the rights and interests of heroes aims to repair the national emotion and national memory of the close relatives and the public,and to educate and guide the public to respect the heroes and martyrs,safeguard the national honor and regulate their own behavior.Through the observation of judicial practice,it is found that the purpose of public interest litigation cannot be achieved to make the defendant bear civil liability simply by means of apology.The punitive compensation system should be introduced to better promote the defendant’s understanding of mistakes,strengthen the protection of public interests and the effect of warning education.This system is still faced with practical difficulties and problems,but it should be actively dealt with in judicial practice and make useful attempts.The main content of this paper is carried out from the following perspectives:First,the proposal of the problem,mainly from the current legislative purpose of the normative legal documents in the field of the protection of the rights and interests of heroes and the observation of the current judicial practice,leads to the introduction of punitive compensation system thinking.The second is to explore the necessary basis of the introduction of punitive compensation system from the perspective of the heroes and their close relatives,the tortfeasor and the public interest.Thirdly,it analyzes the realistic difficulties in introducing punitive compensation system from the aspects of the current legal provisions,the subject of the right of claim,the determination of the amount of compensation and the use of compensation money.Fourthly,it puts forward targeted suggestions for the above-mentioned difficulties,proving the feasibility basis of constructing punitive compensation system in the civil public interest litigation in the field of the protection of the rights and interests of heroes.It mainly focuses on improving the normative legal documents of different levels of effectiveness,and clarifying the subject,amount and ownership and use of punitive damages.Finally,the conclusion and prospect of this problem are given.Summarize the significance of introducing punitive compensation system into the civil public interest litigation in the field of Yingle’s rights and interests protection as well as the further thinking on the execution mode of punitive compensation,in order to truly perfect this system,carry out the legislative purpose and play a legal role.