Rethinking the Legislative Value of Criminal Law from the Scope of Article 20, Paragraph 3 of the Criminal Law

For criminal acts such as illegal detention and compulsory insults that seriously infringe upon the spiritual personal rights of citizens, can special defense be implemented in accordance with Article 20, paragraph 3, of the Criminal Law? The doctrine of criminal law holds a negative answer. However, there are differences in the theoretical and practical circles. Since there is a clear answer in doctrinal theory, the reason for the differences is not paragraph 3 itself, but because the criminal law as a whole condemns all violations of spiritual personal rights as misdemeanors. This highlights the criminal law’s legislative value, which is unconsciously influenced by the values of modern Western values of wealth and personality, does not attach importance to the protection of moral and personal rights such as reputation and freedom. China’s criminal law needs to actively respond to changes in social values in terms of legislative values, strengthen the protection of spiritual personal rights, and achieve a positive interaction between legislative and social values.