国外用法律维护历史共识和民族英雄的司法实践
发布时间：2018-11-23 06:38
【摘要】：法律是否可以用来维护国家和民族历史共识以及民族英雄?世界上其他国家的司法实践给我们提供了有益的借鉴:欧洲的大约15个国家包括比利时、荷兰、瑞士、匈牙利、罗马尼亚、西班牙等已经在现行法律中明文规定,反对任何否认和美化纳粹历史的行径,德国更是身体力行,制定了有关的法律、法令和决议包括宪法、刑法、联邦议会决议和教育法等;并且出现了不少经典案例。包括美国、俄罗斯、韩国等多个国家通过了保护英雄名誉的立法。在中国最近的四次司法实践中,人民法庭有效地将否定、质疑、污蔑"狼牙山五壮士"的言论从一般意义上的"言论自由"中分割出来,用法律手段维护了人民的基业不受伤害。中国以适当的、严肃的方式立法维护全社会的历史共识和民族英雄,这既是国家的合法权利,也是国家应尽的义务和责任,是光明正大的、合法的,没有什么输理的地方。
[Abstract]:Can laws be used to maintain national and national historical consensus and national heroes? The judicial practice of other countries in the world has provided us with useful reference: about 15 countries in Europe, including Belgium, the Netherlands, Switzerland, Hungary, Romania, Spain and so on, have already stipulated in the existing laws. Against any denial and glorification of the Nazi history, Germany has enacted relevant laws, decrees and resolutions, including the Constitution, the Criminal Code, the resolutions of the Federal Parliament and the Education Act; And there are many classic cases. Several countries, including the United States, Russia and South Korea, have passed legislation to protect the reputation of heroes. In the last four judicial practices in China, the people's Court has effectively separated from the "freedom of speech" in the general sense of "freedom of speech" the statements of denying, questioning, and slandering the "five mighty men of Langya Mountain". The people's basic property was protected from harm by legal means. China legislates in an appropriate and serious manner to safeguard the historical consensus and national heroes of the whole society. This is not only the legitimate right of the state, but also the duty and responsibility of the state, and it is fair and square, legal, and there is nothing wrong with it.
【作者单位】： 中国社会科学院信息情报研究院;
【分类号】：D910
，
本文编号：2350639
[Abstract]:Can laws be used to maintain national and national historical consensus and national heroes? The judicial practice of other countries in the world has provided us with useful reference: about 15 countries in Europe, including Belgium, the Netherlands, Switzerland, Hungary, Romania, Spain and so on, have already stipulated in the existing laws. Against any denial and glorification of the Nazi history, Germany has enacted relevant laws, decrees and resolutions, including the Constitution, the Criminal Code, the resolutions of the Federal Parliament and the Education Act; And there are many classic cases. Several countries, including the United States, Russia and South Korea, have passed legislation to protect the reputation of heroes. In the last four judicial practices in China, the people's Court has effectively separated from the "freedom of speech" in the general sense of "freedom of speech" the statements of denying, questioning, and slandering the "five mighty men of Langya Mountain". The people's basic property was protected from harm by legal means. China legislates in an appropriate and serious manner to safeguard the historical consensus and national heroes of the whole society. This is not only the legitimate right of the state, but also the duty and responsibility of the state, and it is fair and square, legal, and there is nothing wrong with it.
【作者单位】： 中国社会科学院信息情报研究院;
【分类号】：D910
，
本文编号：2350639
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