In recently years,the phenomenon of reputation infringement is the most prominent in the cases of infringement of personal interests of heroes and martyrs.Heroes and martyrs embody the socialist spiritual pedigree.Violating the reputation of heroes and martyrs will not only bring serious psychological trauma and mental pain to the close relatives of heroes and martyrs and the general public,but also impact the promotion of socialist core values and the realization of the Chinese dream.With the publish of the Civil Code of the People’s Republic of China and the Law on the Protection of Heroes and Martyrs and the continuous revision of relevant supporting laws,my country has officially implemented the civil public interest litigation system for the protection of heroes and martyrs development and specialization.However,due to the late start of civil public interest litigation and the explosive development of the media,the current heroic reputation protection system still needs to be improved,and the supporting measures still need to be strengthened.As a new field of public interest litigation,heroic reputation protection has many problems that need to be solved urgently.From the perspective of jurisprudence,this paper takes the civil public interest litigation for the protection of heroic reputation as the research object,and explores the improvement of the relevant legal system between the legislative norms and the specific application in judicial practice.This article starts from four parts.The first part conducts a general inspection of civil public interest litigation for the protection of heroic reputation,mainly including the relevant legal basis,entity identification and litigation structure,summarizes the viewpoints in the existing research and makes comments and analysis,and clarifies the relevant concepts.The second part and the third part conduct an empirical investigation through the case of heroic reputation infringement in judicial practice,and find that in the civil public interest litigation of heroic reputation protection in my country,the scope of litigation subjects is too narrow,the pre-litigation procedures need to be improved,and the infringing subjects bear the responsibility The fourth part proposes corresponding solutions to the above dilemma at the legislative and judicial levels,and establishes relevant supporting systems,so as to promote the further development of civil public interest litigation for the protection of heroes and martyrs in my country.The article uses literature research method and case analysis. |