Understanding And Application The Crime Of Infringing Upon Reputation Or Honor Of Heroes And Martyrs

The 11 th Amendment to the Criminal Law,which came into force on March 1,2021,added the crime of infringing upon the honor and honor of heroes and martyrs,strengthening the protection of "heroes and martyrs".In order to effectively link the Protection Law of Heroes and Martyrs and the Civil Code,which specifically protect the interests of heroes,and continuously enrich the relevant theories of protecting the interests of heroes,this thesis makes an in-depth study of the constitutive elements of this crime,in order to provide new thoughts and perspectives for the related theoretical research and judicial practice of this crime.This thesis has four main parts.The first part determines the legal interest of this crime protection.This article thinks that the legal interest of this crime protection is the spirit of heroes.The spirit of heroism is essentially related to real interests.It can not only take into account the dual attributes of personality interests and public interests,but also protect the national emotions contained by heroes and martyrs to the greatest extent.The second part determines the object of protection of this crime and its determination standard.This thesis defines "hero" and "martyr" should be understood in parallel from three perspectives: the principle of the unity of legal order,the purpose of formulating the special norm of this crime and the non-differentiation of the object of protection by spiritualizing legal interests.Moreover,the "heroes" protected by this crime not only include the living and the deceased,but are limited to those approved,granted or put on record by the central government.Where the title has not been explicitly granted,a substantive judgment shall be made.The third part from the practice of the crime,combined with the real case analysis of the crime’s typical behavior types and atypical behavior types of the specific composition.Determine the typical behavior type from the content,mode and understanding of the infringement behavior;The atypical behavior types are identified from three aspects: the standard behavior pattern,the degree of infringement and the influence.Also from the four principles of justification of purpose,appropriateness of means,balance of interests and abnormal self-interest,clearly distinguish the infringement of this crime and freedom of speech,freedom of creation.The fourth part discusses the nature and positioning of the crime "serious circumstances",and determines the basic principles of the evaluation elements,the specific composition of the evaluation elements and the evaluation content.This article argues that the crime "serious" should focus on the objective level,taking into account the subjective level to be considered.