Research On Judicial Determination Of Crime Of Infringing On The Reputation And Honor Of Heroes And Martyrs

The legal interests protected by the crime of infringing on the honor and honor of heroes and martyrs include the personal interests of heroes and martyrs,the protection order of heroes and martyrs,and the social public interests.The social public interest in this crime refers to the common feelings of the public towards heroes and martyrs.Adopting a single legal interest theory leads to poor coordination among similar crimes,while adopting a dual legal interest theory ignores the difference between social public interests and social public order,and is contrary to the current positive law.The "insult" of the practice of this crime can be expressed as violence,and the "defamation" can only be disseminated.Behavior can be inaction."Other means" should be as socially harmful as "insult" and "defamation".Except in individual cases.The conduct of this crime has the publicity element of "unspecified or majority" as the content."Heroes and martyrs" should not be understood and abbreviated as "heroes",which include "heroes living or dead" as well as "dead martyrs".The hero founding standard has both personal and deed attributes.The reputation of heroes and martyrs should adopt the normative reputation.The "honor" of dead heroes and martyrs is the reputation of their own personal interests.This crime can also be established against unspecified or group heroes and martyrs.This crime and the crime of insult and slander are overlapping rather than inclusive laws and regulations.It is necessary to comprehensively distinguish between the two crimes based on factors such as the survival of heroes and martyrs,and whether the public interests are damaged or not.The relationship between this crime and the crime of picking quarrels and provoking trouble is an imaginary competition and cooperation relationship,and there are differences in the protection of legal interests,the content of the conduct,and the object of the crime.Some acts that were originally identified as picking quarrels and provoking trouble should now be identified as this crime,but some acts are still punished as the crime of picking quarrels and provoking trouble.