Research On The Protection System Of Heroes And Martyrs From The Perspective Of Administrative Law

A nation cannot live without heroes,and the deeds and spirit of heroes and martyrs are an important embodiment of social and public interests.In response to repeated cases of insulting and defaming heroes and martyrs and damaging the memorial environment and atmosphere of heroes and martyrs in recent years,in order to protect heroes and martyrs,safeguard social public interests and practice core socialist values,the Standing committee of The National People’s Congress promulgated the Law of the People’s Republic of China on the Protection of Heroes and Martyrs in 2018.The Law clarifies the illegality of acts that infringe upon the personal interests of heroes and martyrs and destroy the environment and atmosphere for commemorating heroes and martyrs,strengthens the administrative guidance role of administrative organs and other relevant subjects to educate and guide citizens to consciously respect the deeds and spirits of heroes and martyrs,stipulates the duties of relevant administrative organs,and establishes a supporting public interest litigation system.In the past five years,the implementation has achieved good results.However,at the same time,the relevant provisions of the Law on the Protection of Heroes and Martyrs are abstract and principled,and the specific operation is insufficient.As a result,the due effect of the protection system of heroes and martyrs is not fully played in practice,and effective regulations cannot be formed on the illegal acts such as damaging the memorial facilities of heroes and martyrs and infringing on the personal interests of heroes and martyrs.This paper intends to explore the path to improve the protection system of heroes and martyrs from the perspective of administrative law,in order to better play the role of the protection system of heroes and martyrs.Except the introduction and conclusion,this paper has four parts:The first part is the general investigation of the protection system of heroes and martyrs.First of all,related concepts in the protection system of heroes and martyrs are defined,involving "heroes and martyrs",personality interests of heroes and martyrs,memorial facilities of heroes and martyrs,administrative guidance of the protection system of heroes and martyrs.Secondly,it combs the components and characteristics of the protection system of heroes and martyrs horizontally.Thirdly,taking the strength of protection as the standard,the paper expounds the evolution of the protection system of heroes and martyrs since the founding of New China.The second part is the current situation and problems of the protection system of heroes and martyrs.The system of protecting heroes and martyrs includes legal and normative documents of different levels and categories,involving multiple administrative organs.On the basis of overall analysis of the laws,administrative regulations and departmental rules on the protection of heroes and martyrs,this paper points out that there are some problems in the legal norms of the protection system of heroes and martyrs,such as legal norms mainly focus on the provisions of administrative penalties and the relevant regulations of administrative guidance such as publicity and education are unreasonable.On the basis of summarizing the current situation of practice,it is pointed out that administrative organs pay more attention to the implementation of administrative punishment,but do not implement the principle of combining education with punishment,publicity and education and other administrative guidance work is not obvious,narrow scope of procuratorial supervision,leading to the protection system of heroes and martyrs did not fully play the due effect.In the third part,from the perspective of comparative law,by elaborating the protection systems of heroes and martyrs in the United States and Russia,we can better absorb and learn from the effective practices of the protection systems of heroes and martyrs in other countries.The fourth part is the relevant suggestions to improve the protection system of heroes and martyrs.First,it clarifies the principles for the protection of heroes and martyrs,including the principle of attaching equal importance to administrative punishment and guidance,and the principle of respecting the deeds and spirit of heroes and martyrs and respecting freedom of speech.The second is to improve the protection system of heroes and martyrs of the administrative law enforcement system,including improving the martyrs’ day related provisions,strengthening the supervision of education administrative departments,timely add the administrative penalty consultation and implementation system,optimize the protection of heroes and martyrs memorial environment and atmosphere of the administrative penalty provisions and establish the relevant administrative "blacklist" system.Finally,it is to optimize the connection with administrative public interest litigation,including expanding the scope of accepting cases of administrative public interest litigation,introducing hearing procedures into pre-litigation procedures,and abolishing the special provision of placing public interest litigation into private interest litigation.