Study On The Criminal Regulation System Of "Spiritual Japanese" Behavior

In recent years,in public places or in space places with great national commemorative significance,wearing Japanese uniforms to take pictures,publicly smashing heroes and angers and spreading words and deeds frequently has caused indignation among the people and has been strongly condemned by the society.This is the so-called "fine Japaneseism",which refers to the extreme worship of Japanese militarism and hatred of the nation,and spiritually regards itself as a militaristic Japanese.It is characterized by obsessiveness with the uniforms of the Japanese army during World War II,taking pictures at the Japanese aggression sites,smashing anti-Japanese heroes,and so on,and making acts of insults and insults against their own country and nation,and publicly spreading the series of words and deeds in public space,with obvious The characteristics of the frenetic World War II Japanese militarism.Through the spread of cyberspace,the social impact of "fine-day" behavior will be further magnified,not only the national feelings and heroic spirit,but also seriously disrupt social order and infringe on social legal interests.The "fine Japanese" behavior is usually administratively detained in violation of the law on public security management.In 2018,the Xiaoshan District People's Court investigated the criminal responsibility of a "fine Japanese" act for the crime of seeking trouble.This article explores the reasons for the frequent occurrence of "fine Japaneseism" from the perspective of historical and cultural background and the current social status quo.In response to the call from all walks of life to punish the "fine Japanese" behavior with harsh penalties,the author explores the legitimacy and feasibility of the sentence,on the one hand,explains the necessity of punishment-"fine Japaneseism" "Executing extreme words and deeds in public places or public cyberspace has caused corresponding legal and infringement consequences;on the other hand,this paper also demonstrates the feasibility of the "fine Japanese" behavior.It is recognized that in the existing legislative environment of our country,the anti-Nazism laws promulgated by the Western countries to safeguard the national consensus are obviously not in line with the national conditions,but for the protection of heroic martyrs and national sentiments,the protection of public order and social legal interests is It is also imminent that China's existing legal framework,such as the General Principles of Civil Law,also provides a legal basis.Therefore,from the existing criminal law framework,the author deeply analyzes the path of the “fine Japanese” behavior,and finds that it may be too early to create a new crime,and incorporates the “fine Japanese” behavior under the existing criminal law.It is both feasible and necessary to regulate the crime of provocation.This article has been fully demonstrated,and finally,in response to the specific treatment of the sinist behavior and the crime of seeking trouble,the author also put forward some ideas of his own,such as the identification of public places,the need to reach a serious situation,and the distinction between general harassment and behavior.etc.