Research of offenses against religion,graves,and corpses

• Main Authors: Shu-YungJian, 簡書永
• Other Authors: Chih-Jen Hsueh
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/80666864562651226578

碩士 === 國立成功大學 === 法律學系 === 102 === Offenses against religion, graves, and corpses are also called offenses against religion. The conception of offenses against religion connects with criminal law’s mission. By researching law interest can help us use constitutional law to be law interest theory’s value. Thus we can avoid criminal law becoming dictator’s tool. What’s more, after we examine whether offences against religion’s law interest consist with constitutional law’s value or not, we can remove unqualified law interest. For instance, pure immoral cannot be law interest.Likewise, blasphemy and human being’s emotion can not be law interest, either. So emotion of religion or the respect of dead body still can not be protected by criminal law. We can only protect religion freedom and human dignity which stays in dead body. Finally, Criminal Code Article 250 is set for filial piety. However, it is not criminal law’s mission anymore rather than personality’s expand so I suggest it should be deleted. In addition, accompanying funerary accoutrements cannot be explained human dignity which stay in dead body.Hance it should be removed out of criminal law. To sum up, after examining offenses against religion’s rule, we hope that it will consist with substantive rule of law of constitutional law’s idea.