英烈名誉保护民事公益诉讼研究

Study on Civil Public Interest Litigation for the Protection of Martyrs’ Honor

摘要: 英烈是民族精神的重要载体，其代表了社会公共利益的观点得到了普遍认可。然而近年来，英烈名誉侵权事件却频频发生。当侵权行为人实施的侵害英烈名誉的行为严重损害社会公共利益时，经法律、法规授权的主体为了实现维护社会公共利益的目的，可以依法向人民法院提起英烈名誉保护民事公益诉讼。随着《中华人民共和国英雄烈士保护法》的颁布实施和有关法律法规的不断补充完善，英烈名誉保护民事公益诉讼制度在我国得以正式确立，我国英烈名誉保护工作也朝着专业化、体系化方向发展。但由于实施时间较短，加之学界对法律条文的解读不一，目前英烈名誉保护民事公益诉讼中仍然存在一些突出问题，这一制度也需要在立法和司法层面进行完善。

Abstract: Martyrdom is an important carrier of the national spirit, and the view that it represents the public interest of society is generally recognized. However, in recent years, incidents of infringement of the reputation of martyrs have occurred frequently. When the acts of infringing on the reputation of martyrs committed by the infringers seriously damage the public interest of the society, in order to achieve the purpose of safeguarding the public interest of the society, the subjects authorized by the laws and regulations may, in accordance with the law, initiate civil public interest litigation for the protection of the reputation of martyrs in the people’s court. With the promulgation and implementation of the Law of the People’s Republic of China on the Protection of Heroes and Martyrs and the continuous supplementation and improvement of relevant laws and regulations, the system of civil public interest litigation for the protection of martyrs’ reputation has been formally established in our country, and the protection of martyrs’ reputation in our country has also been developing in the direction of specialization and systematization. However, due to the relatively short implementation time, coupled with the different interpretations of the legal provisions in the academic community, there are still some outstanding problems in the civil public interest litigation for the protection of martyrs’ honor, and this system needs to be improved at the legislative and judicial levels.