A Doctrinal Study of Honor Crime against Heroes and Martyrs
Cai Shilin;Yang Lei;China University of Mining and Technology;Quanshan District People's Court of XuZhou;
Accurately understanding the honor crime of heroes and martyrs is the inherent requirement of carrying forward the socialist core values, and also an important guarantee of coordinating the relationship between "punishment" and "punishment for the people". This crime first protects the national spirit, and then protects the patriotic spirit of the social public. "Heroes and martyrs" is a juxtaposition, and "heroes" refers not only to "dead heroes" but also to "living heroes". As a standard element, "hero" can be defined from the following three aspects: first,from the field or industry observation, "hero" behavior should be normal; Secondly; From the point of view of the public, "heroic" behavior should have normality; Third, from the evaluation criteria, "heroic" behavior should have equivalence. Although this crime, insult crime and libel crime differ in the direction of legal interest protection due to the difference in the object of protection, but the act of implementation can be referenced to each other. The understanding of "serious circumstances" should be combined with the legal interests protected by this crime, and be transformed into three indexes: quantitative results, types of crimes and social evaluation.