China News Service Ningbo, April 17 (Apprentice reporter Li Dian) "I have recognized the illegality of my actions and am willing to apologize to the family and society of the heroes." On April 17, the Ningbo Intermediate People's Court of Zhejiang Province opened a public hearing Involved in the civil public interest litigation infringement on the reputation of the hero Li Ting, filed by the Ningbo Municipal People's Procuratorate. After the court trial, the defendant Cao agreed to apologize and eliminate the influence in the publicly released media.
Court scene. Photo courtesy of Ningbo Intermediate Court
On August 14, 2019, two people fell in the water of Xitiaoxi, Anji County, Huzhou City, Zhejiang Province. Lu Ting, the squadron leader of the Anji Squadron, Huzhou Fire Rescue Detachment, led the team to the rescue. During the rescue, Lv Ting died. Subsequently, the Political Department of the Ministry of Emergency Management of the People's Republic of China approved Lu Ting as a martyr, and the Fire and Rescue Bureau of the Ministry of Emergency Management recorded first-class credit for it.
Defendant Cao Mou at work, after seeing the corresponding news from the mobile phone, openly made extremely insulting remarks under the news video comment, and after the netizens condemned, he still published "Who behind the hero knows how much black money was collected while alive" and other fabricated Factual remarks.
On August 17, 2019, Linshan Police Station in Yuyao City, Ningbo City, Zhejiang Province investigated Cao Mou's remarks about insulting and sacrificing heroes. On the same day, Cao Mou was detained for five days and imposed an administrative penalty of 200 yuan.
Court scene. Photo courtesy of Ningbo Intermediate Court
With the support of Lu Ting's close relatives, the Ningbo People's Procuratorate filed a civil public interest litigation with the Ningbo Intermediate People's Court in accordance with the law, requesting that the defendant Cao Mou pay an apology in public media and eliminate the impact.
During the trial, the defendant basically had no objection to the facts advocated by the public interest litigant. The two sides mainly debated on the following two controversial focus points: First, whether Cao Mou's remarks were published before Lu Ting was identified as a martyr, whether it affected the nature of his behavior The second is whether the prosecutor in the public interest litigation requests Cao Mou to make an apology on the publicly-issued media for the spread of his speech.
At the court hearing, Cao Mou expressed deep regret for his inappropriate remarks and had recognized the illegality of his actions, and was willing to apologize to the family and society of the heroes.
The Ningbo Intermediate People's Court held after trial that the deeds and spirits of heroes and martyrs should be respected, learned and defended by society. Cao Mou's actions of distorting, blaspheming, and denying the deeds and spirits of heroes and martyrs harmed the public interest and should bear corresponding civil legal liabilities according to law.
Lu Zhifeng, a full-time member of the trial committee of the Ningbo Intermediate People's Court and a second-level senior judge who served as the presiding judge of the case, said whether Lu Ting was rated as a martyr does not affect his essence as a national hero. Sacrifice should be especially remembered that its personal interests have become part of the public interest of the society, so it should be protected to a greater degree than usual.
In summary, the Ningbo Intermediate People's Court made the first-instance judgment in court: The defendant Cao Mou made an apology on the publicly issued media and eliminated the impact within ten days of the effective date of this judgment. If the deadline is not fulfilled, the Ningbo Intermediate People's Court will publish the main content of the judgment in the case in the media, and the cost will be borne by the defendant Cao Mou. (Finish)