In recent years，Some "Betting on the name of history、Actions of Degrated Heroes Martyrs "。Heroes of Hero Martyrs、Honor is not only related to the personality and interests of heroes martyrs，It is also related to the construction of socialist core values ​​and the cultural security of the country。To combat this kind of behavior，2021 "Amendment to the Criminal Law (11)" added the reputation of heroes martyrs、Honor crime。

[Introduction to Case Case] ​​Qiu Mou (a pseudonym) is a Sina blogger with more than 2.5 million fans，After reporting the heroic deeds of the officers and soldiers who vowed to defend the land，Release 2 distorted、Digestion of the officers and men of the Wei Guo, Qi Moumou、Chen Moujun、Chen Mourong、Xiao Moumou、Weibo of Wang's deeds and spirit。The above Weibo is widely spread on the Internet，Views of more than 200,000 times，Cause the public's indignation，Causes bad social impact。Procuratorate is suspected of infringing the reputation of heroes martyrs、Honorary crime to the criminal litigation of criminal attachment to Qiu Mou。The court eventually infringed the reputation of heroes martyrs、Honorary crime is sentenced to eight months in prison for Qiu Mou，and judge that they bear the infringement liability。【Supreme Inspection 34 Batch of Guiding Cases (Inspection No. 136)】

This case is the reputation of the procuratorial organs against heroes martyrs、Honor behavior of the first case of criminal and civil public interest litigation in accordance with the law，There are three issues that need to be discussed further。

First，Definition of the scope of behavior objects bet365 live casino games in such cases。From the point of view，Evilling heroes and martyrs' reputation、Honorary Crime Behavior is Hero Martyrs，But "Hero Martyrs" as a normative concept，Defining its scope requires a value judgment of judicial staff。There are currently three views: one is that "heroes martyrs" include only the death of the martyrs; the other is that the "heroes" include the death of the dead and the martyrs and the heroes of the world; Heroes and martyrs。

From the perspective of the original meaning of legislation，The third point of view is more appropriate，Because of the relevant provisions of the pre -method "Hero Martyr Protection Law"，"Hero Martyrs" refers to the country、People who make sacrifices for the people and nations，That is the death hero and martyr，Hero martyrs can be individuals，can also be a group。Uniform principle of order in order of law，The scope of "heroes martyrs" in the Criminal Law should be consistent with the "Hero Martyr Protection Law"，limited to the death heroes and martyrs，The heroic reputation of the hero who invades the world、Honor should be insulted、Defamation guilt and punishment。But in the same case，The reputation of the actor infringing the heroes of the heroes、Honor time，This group includes both the sacrificed heroes and martyrs and the heroes who are injured，then evaluate the behavior as a whole，Because it carries national spirit and socialist core values，If it is applied to infringe the reputation of heroes and martyrs、Honorary crime and insult、Dewy crime，It violates the principle of equality in the application of criminal law。In the case，Qiu's insult is the hero group guarding the land，Including both sacrificed martyrs and heroes who Bet365 lotto review are seriously injured，They should collect them collectively to violate heroes and martyrs' reputation、Protection of honor crimes and the same protection in criminal law。

2，Criminal law protection and restrictions of citizenship freedom。Internet era，Online media virtuality、Openness and other characteristics have exacerbated the tension between freedom of speech and criminal crime。Freedom of speech is a basic right of citizens，But it is not absolute，Need to have a certain limit。Excessive restrictions and excessive width of freedom of speech are all harm to rights。So，Restrictions on freedom of speech must adhere to the principle of measure of legal benefits。

The principles of measures and benefits include the principle of proportion and the principle of risk permission。The proportion principle means that the limit on freedom of speech is necessary，and relative to the purpose to be achieved，This limit is suitable。The principle of risk permission means that the behavior of infringement of legal and interest is difficult to avoid，Because of its usefulness to society，The law allows it to exist within a certain range。Is a certain behavior freedom of speech or a crime，Based on the principle of measurement of legal benefits，Deeds from heroes martyrs、Social impact、Considering the method of infringement，Only if it harms the public interest of the society and reaches the degree of "serious circumstances", it constitutes a crime。other，The situation of restrictions on the freedom of online speech is divided into two categories，One is to damage national security、Social order and other public interests，One is to damage the right to reputation、Honor rights and other private interests。Citizens' rights to comment on public facts are protected bet365 best casino games by the Constitution，Citizens intentionally fabricated、distort the facts to make statements damage the public interest or seriously damage the private interests。Not conducive to the honor of heroes martyrs、Honorary remarks should be limited to the scope of lack of true basis，If the relevant remarks have a certain basis but not sufficient，It does not constitute the honor of heroes martyrs、Honorary crime。

Measurement of French benefits is to judge the value of legal benefits，The value level of our country has always adhered to the public interests of social public interests higher than that of personal legal benefits，When there is a conflict between personal legal benefits and public interests，To protect public interests，Personal legal benefits usually need to be restricted or even sacrificed within the scope of the law。Hero martyrs as special groups are not ordinary dead，Their reputation、Honor conveys the patriotic spirit and socialist core values，The category of public interests in social。So，Heroes of Hero Martyrs、Honorary value level is higher than the freedom of speech that is higher than personal legal benefits，intentionally fabricated by it、Switching remarks should be criminal sanctions。In the case，Qiu Mou deliberately published the remarks of the officers and soldiers of the slander of the defenders and soldiers as a false statement，The scope of freedom of speech，seriously violated the public interest of social，The reputation of the hero and martyrs will be infringed with it、Honorary guilt and punishment is necessary and reasonable。

third，Criminal attached civil public interest litigation litigation status of procuratorial organs。In the judicial practice, more and more cases that have filed a criminal attached civil bet365 live casino games public interest lawsuit by the procuratorial organs are increasingly，This type of case has certain particularity，Disputes caused by the litigation status of the procuratorial organs。，At present, there are five perspectives in the main academic circles。

One，Public prosecutor said，The procuratorial organs are in criminal litigation and attached civil public interest litigation，All are public prosecutions as public prosecutors who do not have a direct interest in the case。Its two，The plaintiff said，Criminal attachment civil public interest litigation is based on the relevant procedures for civil lawsuits，Except does not involve your own interests，The procuratorial organs are the same as the plaintiff's rights and obligations in the lawsuit。Three，Public welfare representatives said，The supervision right of the procuratorial organs includes supervision of public interests in social，Procuratorate becomes a representative of the public interest of social public interests based on litigation trust theory。Four，Dual identity theory thinks，The procuratorial organs have both the plaintiff and legal supervision dual identity。Its five，Public interest litigation prosecutor said，"Supreme People's Court、The Explanation of the Supreme People's Procuratorate on the Application of Laws on Prosecutor's Public Interest Litigation Cases (hereinafter referred to as the "Two High Explanations") made a clear stipulation on the status of the procuratorial organs，The title of "Prosecutor of Charity Litigation" reflects the special status of the procuratorial organs in the system，It should abide by this regulation。

This article thinks，Among the five doctors mentioned above，Public interest litigation prosecutor said it is more reasonable。bet365 Play online games The reason is as follows: First of all，Procuratorate is a legal supervision organs，Maintaining public interest is one of the goals established by procuratorial organs。Public prosecution on criminal acts，not only played the supervision role of the procuratorial organs，It also reflects the public welfare attributes of the prosecutor's public prosecution。Criminal attachment civil public interest litigation is the result of the expansion of the public welfare attributes of the procuratorial organs from the criminal category to the civil area，A protector of "Public Interest"，Monitoring of public interest litigation is the obligation to blame。

Next，Evilling heroes and martyrs' reputation、Honor behavior is mostly in open network space，The rapid dissemination and wide scope of information increased the difficulty of the heroic martyrs' close relatives，It is more suitable for the procuratorial organs to attach civil lawsuits。And，Facing Face Wide Wide、Criminals with complex cases of civil public interest litigation cases，Procuratorate more professional advantages，Since there is no direct interest with the case，can be more fair、Effective、Objectively protecting public interests。

Last，"The Explanation of the Two High" clarifies the status of prosecutors in the public interest litigation，Both the procuratorial organs and the plaintiff in the civil lawsuit were distinguished，It also fully reflects the identity of the "guardian" state and social interests of the procuratorial organs。Prosecutor's agency filed a criminal attached civil public interest litigation as the prosecutor of a public interest litigation，You can hold both the defendant’s criminal responsibility，You can also take the defendant to bear civil bet365 best casino games liability，The "trauma" of consolation criminal behavior to the public interest of the society。

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