Research On Civil Law Protection Of Heroes And Martyrs’ Personality Interests

The Chinese nation has admired heroes and martyrs since ancient times.Since ancient times,the Chinese nation has also produced heroes and heroes.However,historical nihilism has been a historical theoretical term for a period of time.It refers to the blind denial of human beings without specific analysis.The historical development process of society even denies historical culture,national culture,national tradition,national spirit,and all historical viewpoints and ideological tendencies.Fundamentally,historical nihilism has a clear political intention,opposes the leadership of the party and the system of socialism with Chinese characteristics,and is essentially a reactionary political trend of thought.Although historical nihilism is academic,especially historical,its research methods are fundamentally wrong and extremely confusing.It is not any academic trend,but pseudoscience.It is prevalent,and incidents that violate the personal interests of heroes and martyrs occur frequently.The personalities of heroes and martyrs cannot be desecrated,let alone violated.In order to safeguard social and public interests,carry forward the core socialist values,and protect the personal interests of heroes and martyrs,relevant legislation-Article 185 of the "General Principles of Civil Law of the People’s Republic of China"(hereinafter referred to as "General Principles of Civil Law"),"The Law of the People’s Republic of China on the Protection of Heroes and Martyrs"(hereinafter referred to as the "Heroes and Martyrs Protection Law")and the crime of infringing upon the reputation and honor of heroes and martyrs came into being,responding to the expectations of the people.However,there are many principled provisions in the current legislation,which lead to some problems in judicial practice,which should be paid attention to.This paper firstly discusses and analyzes the relevant concepts of personal interests such as heroes and martyrs.In this part,the article re-analyzes the private interest and public welfare characteristics of the personal interests of heroes and martyrs,and emphasizes that the normative purpose of the hero and martyr clause is to protect the social and public interests.Then,this article analyzes the current situation of protecting the personal interests of heroes and martyrs in our country from the perspectives of legislation and judiciary.In the judicial status quo,through empirical analysis,this paper grasps the characteristics of civil law protection cases for the personal interests of heroes and martyrs from a macro perspective,and at the same time combines the analysis of typical cases,sorts out and summarizes the typical problems of this type of special groups in the protection of personal interests.Finally,combined with the problems in the civil law protection of the personal interests of heroes and martyrs found in the empirical analysis stage,this paper proposes a clear definition of the scope of "heroes and martyrs,etc.",moderately expand the scope of protection,expand the scope of the subject of litigation rights,accurately define damage to social public interests,strengthen Legal opinions such as the investigation of civil liability.