| Whether in war or peace,heroes and martyrs have made outstanding contributions to social development.They embody the great national spirit and the spirit of perseverance and sacrifice of Chinese,and they deserve the respect of the whole society.However,many incidents of violating the personality rights and interests of heroes and martyrs by various means have emerged in recent years,and there are not a few who tout historical nihilism.This not only hurts the heroes and martyrs and their relatives,but also has adverse effects to the whole society.In order to protect the personality rights and interests of heroes and martyrs,our country has successively promulgated various laws and regulations.As a special law,Law of the People’s Republic of China on the Protection of Heroes and Martyrs facilitates the comprehensive protection of heroes and martyrs.The Civil Code of the People’s Republic of China "martyr article" to enhance further.Amendment(XI)to the Criminal Law of the People’s Republic of China adds the crime of infringing on the reputation and honor of heroes and martyrs,and it raises serious violations of the rights and interests of heroes and martyrs to the level of criminal law.This thesis takes the title of Personality Rights of the Civil Code as a perspective to explain the positive impact of the separate title of Personality Rights of the Civil Code on the protection of the heroes and martyrs.The literature analysis and case study methods were adopted and firstly summarized the previous studies of scholars on the protection of the personality rights and interests of heroes and martyrs,and on this basis to select two typical cases.Through the analysis of these two cases and other cases in databases,some problems in the application of these laws to protect the personality rights and interests of heroes and martyrs in practice were found.For example,the scope of protection is small and the protection object is unclear,and the fewer subjects of the right to claim,low cost of violation and unclear criteria for identifying damage to the public interest of society.In response to these problems,some suggestions were put forward for solving the infringement of the personality rights of heroes and martyrs.Firstly,the scope of protection can be expanded and the object of protection can be clarified;secondly,the scope of the subject of the claim can be expanded;thirdly,the compensation for damages can be appropriately increased;fourthly,the criteria for damaging the public interest of society can be determined. |
