关键词： 英烈精神, 公法, 私法, 《英雄烈士保护法》, 公共文化法益

Abstract: The heroic spirit has dual public interest attributes.There are two ways of private law relief and public law safeguard to its protection.However,due to the limitation of the both ways,the public law fails to connect the private law effectively,so it is difficult to achieve the best social governance effect.The heroic spirit is highly consistent with culture-guided national obligations,and at the same time,the Law on the Protection of Heroic Martyrs contains the legal interests of public culture,which is helpful to the construction of the legal order of public culture.It is suggested that the Law on the Protection of Heroic Martyrs be perfected when the conditions are ripe,and suitable ways of penalty negotiation in the field of culture be added in order to investigate the appropriate legal responsibility,maintain the legal order of public culture,and promote the integration of the effect of public law and the effect of private law.We should not only achieve the goal of social governance,but also educates the infringer and realize the purpose of preventing the destruction of public order.

Key words: heroic spirit, public law, private law, the Law on the Protection of Heroic Martyrs, legal interests of public culture