Research On Crimes Against The Honor And Honor Of Heroes And Martyrs

With The newly added crime of infringing upon the honor and honor of heroes and martyrs in the 2021 Criminal Law Amendment(11)guarantees that the crime of infringing upon the honor and honor of heroes and martyrs will be carried out with the revised 2018 Law on the Protection of Heroes and Martyrs and the "Protection on Protection of Heroes and Martyrs" in the Civil Code.On the other hand,it provides a basis for criminal law protection for national cultural security and the maintenance of socialist core values.This article has carried out in-depth research on this crime,in order to provide help for subsequent theoretical research and judicial practice.This article is divided into four parts:The first part analyzes the legislative reasons for adding this crime from three aspects: the necessity of protection of legal interests,the coordination of criminal law system,and the connection between jurisdictions.The crime of infringing on the reputation and honor of heroes and martyrs protects social legal interests rather than personal legal interests;the position of the crime in the criminal law system and the determination of the crime should be coordinated in the criminal law system;the Law on the Protection of Heroes and Martyrs,the Civil Code It is the precondition of this crime.The second part analyzes the type of behavior and judgment of this crime and the legitimacy of restricting citizens' freedom of speech.The types of behaviors that infringe upon the honor and honor of heroes and martyrs include basic behaviors consisting of insults and defamation,and other special behaviors.Through the analysis of constitutionality,it is considered that this crime has the legitimacy of restricting the freedom of speech of citizens,and through the measurement of relevant interests,three specific protection modes can be distinguished: hero and martyr reputation,absolute protection of honor,relative protection,and general protection.The third part explains the behavior object of this crime from the two aspects of"honor,honor" and "heroes and martyrs".It is more appropriate to identify the protection object of infringing the reputation and honor of heroes and martyrs as national symbols formed by the honor and honor of heroes and martyrs;"heroes" and"martyrs" in this crime should be understood separately,and the scope of "heroes and martyrs" should be limited to Within the scope of deceased;the scope of"heroes and martyrs" should include controversial historical figures,deceased hero models of the era,and wounded heroes in the group.The fourth part is the determination of the criminal standard "serious circumstances" for this crime.In view of the uncertainty of the scope of "serious circumstances" and the lack of judicial interpretation,it is argued that the objective and subjective elements that should be considered in the determination of "serious circumstances" for this crime,and the additional elements should not be considered as elements of conviction,but can be considered as factors of sentencing.