In the name of law, defend the glory of heroes
【Dharma Eye View】
"I am the sword, I am the spark, I would like to live like lightning, I would like to die like a comet."
The tomb of revolutionary martyr Gao Junyu is located in Taoranting Park in the south of Beijing. The inscription on the tombstone records the life of the martyr Gao Junyu, and the back of the tombstone is engraved with the poem of Gao Junyu. On the occasion of the Qingming Festival, in front of the tomb of the martyr Gao Junyu, there is an endless stream of people who come to pay their respects and pay their respects. In recent years, there has been a growing trend of respecting, learning and protecting martyrs in the society, which has continuously confirmed the solid steps of protecting the glory of martyrs with the rule of law since the 18th National Congress of the Communist Party of China.
National legislation to protect the rights and interests of martyrs
Heroes and martyrs are the backbone of the nation and the vanguard of the times. The deeds and spirits of heroes and martyrs are the common historical memory and precious spiritual wealth of the Chinese nation.
Recently, the General Office of the Central Committee of the Communist Party of China, the General Office of the State Council, and the General Office of the Central Military Commission issued the "Opinions on Strengthening the Commendation of Martyrs in the New Era", pointing out that as my country embarks on a new journey of building a socialist modernized country in an all-round way, it will carry forward the heroic spirit and continue the red blood. , let the red country be passed down from generation to generation, and it has become an important mission and task of the times to praise the martyrs.
This is another important imprint of the continuous progress of martyr praise work since the 18th National Congress of the Communist Party of China.
"Those who infringe upon the names, likenesses, reputations, and honors of heroes and martyrs, and harm the public interests of society, shall bear civil liability." This is the "protection of heroes and martyrs" clause in Article 185 of the Civil Code.
From the establishment of the Martyrs' Memorial Day, the adoption of the Heroes and Martyrs Protection Law, the formulation of the Civil Code, the revision of the Criminal Law, the formulation of the Law on Protection of Veterans and the Protection of Military Status and Rights and Interests, the National People's Congress and its Standing Committee have been promoting the protection of heroes and martyrs into the law. , to protect the legitimate rights and interests of heroes and martyrs in the name of the country.
At the same time, a series of administrative regulations, such as the Measures for the Protection and Management of Martyrs' Memorial Facilities, the Measures for the Public Sacrifice of Martyrs, the Measures for the Burial of Martyrs, and the Measures for the Protection and Management of Overseas Martyrs' Memorial Facilities, as well as the "Measures for Doing a Good Job in the Organization and Services of Martyrs' Relatives in Off-site Sacrifice and Sweeping". Normative documents such as the Opinions have also been issued to provide legal protection for the whole society to honor martyrs.
Relevant departments will also further promote the commemoration of heroes and martyrs, the construction and management of martyrs' memorial facilities, etc. into the "14th Five-Year Plan" to further enhance the strength and breadth of protecting and commending heroes and martyrs.
In 2016, the judgment of the "Five Heroes of Langya Mountain" dispute over the reputation rights made it clear that close relatives of heroes and martyrs could file a lawsuit in the people's court for acts that violated the reputation and honor of heroes and martyrs, which caused a sensation.
Jiang Tao, a third-level senior judge of the Xicheng District Court in Beijing who heard the case, lamented to reporters the rapid pace of national legislation in respect of honoring and defending heroes and martyrs in recent years.
"In just a few short years, the legislation for the protection of heroes and martyrs has grown from nothing to more, and the pace has been fast and steady. Today, the protection of heroes and martyrs has both civil law, criminal law, and special laws such as the Hero and Martyr Protection Law, as well as various Judicial interpretations, guiding cases, departmental regulations, etc., with detailed regulations and reasonable system design, can be said to have formed an all-round protection for the reputation and honor of heroes and martyrs." Jiang Tao said.
"The spirit of heroes and martyrs is an important embodiment of the core socialist values. Law is not only a code of conduct, but also a value carrier. Protecting heroes and martyrs in the name of the law can give full play to the normative and guiding role of the law, so as to cultivate and practice social The core values of ideology provide institutional guarantee and the power of the rule of law." said Yu Linyang, associate professor at East China Normal University School of Law.
The judiciary shines a sword, protects the honor of heroes and martyrs
In February 2021, after the deeds of officers and soldiers defending the country to the death were reported, Qiu Mou (Weibo account "Spicy Pen Xiaoqiu") published remarks on Weibo, distorting the facts, slandering and degrading the reputation and honor of heroes and martyrs.
Jiangsu Nanjing procuratorate approved the arrest and prosecution of Qiu on suspicion of infringing on the honor and honor of heroes and martyrs in accordance with the law.
Qiu became the first criminal suspect in my country to be charged with crimes against the honor and honor of heroes and martyrs, and was eventually punished by law.
In July 2021, Li stepped on the pedestal of the cemetery in the Kangxiwa Martyr's Cemetery in Saitula Town, Pishan County, Xinjiang to take pictures, and then went to the tomb of the martyr Chen Xiangrong and compared his hand to a "pistol". It was published on the Internet twice, causing bad influence.
Li's alleged infringement of the honor and honor of a hero and martyr was prosecuted by the procuratorate.
The court sentenced Li for the crime of infringing on the honor and honor of heroes and martyrs, and sentenced him to 7 months in prison. He also made a public apology in the national media to eliminate the impact.
In October 2021, Luo made inappropriate remarks against the "Ice Sculpture Company" in the Battle of Changjin Lake, causing outrage among netizens.
Hainan public security organs summoned him according to law and placed him under criminal detention.
Recently, the case of Luo suspected of infringing on the honor and honor of heroes and martyrs and criminal incidental civil public interest litigation has been publicly heard.
Last year, these three cases involving infringement on the honor and honor of heroes and martyrs aroused widespread concern in the society.
During the fifth session of the 13th National People's Congress this year, the work report of the Supreme People's Court and the Supreme People's Procuratorate mentioned the above-mentioned cases, which once again resonated with the public.
The work report of the Supreme People's Court pointed out that the trial of cases of infringing the honor of heroes and martyrs and desecrating the tombstones of heroes will punish those who insult martyrs, and let the monuments of frontier heroes always stand tall.
The Supreme People's Procuratorate's work report mentioned that the rule of law is used to safeguard the rights and interests of heroes and defend the glory of heroes.
According to Miao Shengming, member of the Supreme Procuratorate and Director of the First Procuratorate, since 2019, procuratorial organs across the country have approved the arrest of 12 suspects suspected of infringing on the honor and honor of heroes and martyrs; 15 defendants for honor crimes.
Jiang Tao said that with the development of online self-media, very few people demean and vilify heroes and martyrs for the sake of attracting attention, attracting traffic and other purposes.
With the popularization of the legal concept of protecting heroes and martyrs, this kind of behavior has become more and more a "street rat" that everyone shouts and beats. To educate and praise the education of martyrs, I believe that such cases will become less and less in the future.”
The will of the whole people, respecting heroes and martyrs has become a social fashion
As the Qingming Festival is approaching, bunches of flowers are placed in front of the "March 18" Martyrs Cemetery in Beijing Yuanmingyuan Ruins Park.
In recent years, due to the impact of the new crown pneumonia epidemic, some martyrs have been unable to go to the martyrs' tombs to perform sacrifice sweeps. Martyrs' cemeteries in many places have performed sacrifice sweeps on their behalf, and organized special personnel to lay flowers and wipe tombstones for the martyrs' tombs.
According to incomplete statistics, during the Qingming Festival last year, the cemeteries of martyrs in various places received 8.08 million people on the spot, and nearly 10,000 people visited on behalf of the martyrs.
"The country and the people will always respect and remember the sacrifices and contributions made by heroes and martyrs for the country, the people and the nation." "The state protects heroes and martyrs, praises and commemorates heroes and martyrs, and strengthens the publicity, education and maintenance of their deeds and spirits. The dignity and legitimate rights and interests of heroes and martyrs." "The whole society should respect, study, and defend heroes and martyrs." Counting these provisions of the Heroes and Martyrs Protection Law has long been turned into daily life in society.
"The rule of law is an important symbol of the progress of human civilization. Defending the dignity of heroes and martyrs with the power of law demonstrates the country's determination to crack down on acts that distort the history of the Chinese nation and smear the image of heroes and martyrs. This is the basic attitude of a country ruled by law, and it is also a civilization The inevitable requirements of society not only have important declarative significance for the country, the people and the nation, but also consciously safeguard the honor and honor of heroes and martyrs in the whole society, inherit and carry forward the spirit of heroes and martyrs and patriotism, and inspire the realization of the Chinese dream of the great rejuvenation of the Chinese nation. Strong spiritual strength also has important practical significance." Yu Linyang said that respecting heroes and martyrs means respecting history and the country.
The country and the people will always respect, remember and cherish the sacrifices and contributions made by heroes and martyrs for the country, the people and the nation. The personal dignity of heroes and martyrs cannot be desecrated, and the memorial facilities for heroes and martyrs are worth protecting.
In recent years, more and more revolutionary relics, martyrs' cemeteries, etc. have become patriotic education bases. Especially during the period of party history learning and education, it has become common to follow the footsteps of heroic martyrs and study heroic deeds all over the country, which makes Jiang Tao very gratified.
"The heroic spirit is the precious spiritual wealth of a country and a nation, and the common spiritual value of the society. If heroes can be slandered at will, there will be no more heroes, and this nation will also become a decadent nation. Only by advocating heroes can we produce Heroes, striving to be heroes can produce heroes in large numbers and shoulder the responsibility of national rejuvenation." Jiang Tao said firmly.
(Reporter Liu Huadong of this newspaper)