The Civil Law Protection Of The Personality Interests Of Heroes And Martyrs

Heroes and martyrs have made important contributions to the country,society and people.No matter in the war years or in the peaceful times,many selfless and selfless heroes and martyrs have emerged.They play an irreplaceable positive role in the process of social development,and the spirit they represent and contain is precious.In recent years,the phenomenon of infringing upon the personality interests of heroes and martyrs emerges one after another,and the trend of historical nihilism is becoming more and more intense.The relevant legislation to protect the rights and interests of heroes and martyrs,the protection law of heroes and martyrs and article185 of the civil code,emerge as the times require.However,some provisions in the existing legislation are still relatively principled,and many places still need to be further improved.This paper first elaborates the research background and the related research status at home and abroad,then analyzes the theoretical concept and legislative status of heroic martyrs’ personality interests,and specifically expounds the connotation of the protection of heroic martyrs’ personality interests,as well as the provisions of article 185 of the civil code and the protection law of heroic martyrs on the protection of heroic martyrs’ personality interests.Then,through the analysis of the cases related to the civil law protection of heroic martyrs’ personality interests,this paper explores the current situation of China’s judicial practice,and summarizes the problems existing in the protection of heroic martyrs’ personality interests in China’s judicial practice,including the civil code of the People’s Republic of China The scope of heroes and martyrs in article 185 of the code is not clearly defined,and there are contradictions in the definition of the protection subject in different legislations;the scope of the protection object is narrow;the scope of the subject of the right of claim is narrow,the cost of violation is low,and there is no specific way to bear the responsibility and the related problems of compensation for mental damage.On the one hand,it proposes to clarify and refine the concept of heroic martyrs;expand the scope of protection objects,including privacy,remains and bones;and appropriately increase compensation.On the other hand,expand the scope of the subject of the claim,focusing on the establishment of a special public welfare organization to protect the personality interests of heroes and martyrs.Heroes and martyrs are the pride of the Chinese people.The deeds and spirit of heroes and martyrs are the important embodiment of the common historical memory of the Chinese nation and the socialist core values.It is of great significance and imperative to protect the glory of heroes and martyrs.