Study On Civil Public Interest Litigation Of Protecting Heroes By Procuratorial Organs

The spirit displayed by heroes and martyrs is one of the contents of China’s socialist core values.The interests of heroes’ personality are related to the connotation of the spirit of heroes,which is of great significance to the construction and maintenance of social morality,public order and good customs.It is necessary and reasonable to protect the interests of heroes’ personality through legislation.As a legal supervision organ,the procuratorial organ is the defender of the social public interest.As a prosecutor of public interest litigation,it has been controversial since it was put forward.The main points of dispute lie in: as a public prosecution organ and a legal supervision organ,whether the procuratorial organ has the legal subject status of bringing civil litigation;As a prosecutor of public interest litigation,whether the function reflected by this identity is in conflict with the function of the procuratorial organ itself.The procuratorial public interest litigation and the protection litigation of heroes and martyrs started late in our country,so far it is still a new system,there are many deficiencies.This article from the perspective of legal theory and the procuratorial system of public interest litigation related research and analysis,put forward the existing heroic martyrs protect civil public interest litigation system,such as incomplete before litigation procedure,the procuratorial organs prosecution has problems such as unclear source,and then put forward the corresponding constructive Suggestions,advice appropriate to expand the scope of protection of the heroic martyrs and prosecution subject scope,perfecting the relevant laws and regulations,promote to procuratorial organs as the main body in the prosecution of civil public interest litigation system is matured.