Civil Legal Protection Of The Public Welfare Personality Interests Of Heroes And Martyrs

In recent years,with the vigorous development of the Internet era,the behaviors that infringe on the personal interests of heroes and martyrs have become more diversified,and the scope of influence has become broader.Article 185 of the Civil Code(hereinafter referred to as the heroic clause)clarifies the protection of the four categories of personality interests of heroes and martyrs’ names,portraits,reputations and honors in the form of special provisions.This article reflects the clear political orientation of the General Principles of the Civil Law and is also the specific body of promoting the core values of socialism.Now.This article provides special provisions on the public welfare personality interests of heroes and martyrs,which is not only conducive to carrying forward the spirit of heroes,remembering the achievements of heroes,cultivating citizens’ patriotism,collectivism and good socialist moral customs,cultivating and practicing socialist core values,but also conducive to enhancing the cohesion of the Chinese nation and inspiring The strong spiritual strength to realize the Chinese dream of the great rejuvenation of the Chinese nation.However,because the content of this clause is relatively abstract and general,in the process of applying the law,it has triggered different views on the discussion of relevant elements in the academic community,and it also shows different characteristics in practical judgments.The main manifestations are: the identification standards of the concept of heroes and martyrs are not unified,the scope of infringement litigation is narrow,there are no clear written provisions on the definition of public welfare in the personal interests of heroes and martyrs,and the pre-litigation procedures of infringement litigation are unclear.At present,the heroic clause cannot provide good guidance on the judgment of similar cases in practice,so that most of the cases concerning the public welfare personality interests of heroes and martyrs rely on the discretion of judges or the guidance of individual judicial organs,and there are many cases of different judgments in the same case.Therefore,the content of the heroic provisions of the Civil Code urgently needs to be refined and improved.This article believes that the scope and type of the subject of litigation should be expanded,and the channels for safeguarding the interests of the heroic public welfare personality should be broadened.Clearly define the content and scope of social public interests,and provide accurate guidance for judicial practice.Modify the pre-procuratorial procedures for public interest litigation by procuratorial organs to make reasonable use of judicial resources.Establish a punitive compensation mechanism and the execution method of judgments,so that the public welfare interests of heroes and martyrs can be protected for a longer time and effectively.