"We resolutely say no to any act of blasphemy against heroes!"

　　Xinjiang Prosecutors Analyze the Case of Traveling Bloggers' Desecration of Heroes

　　□ Our reporter Pan Congwu

　　Recently, the People’s Procuratorate of Pishan County, Xinjiang Uygur Autonomous Region filed a public prosecution against Li Qixian for allegedly infringing on the reputation and honor of a heroic martyr. After a public hearing in accordance with the law, the Pishan County People’s Court made a first-instance judgment and found that the defendant Li Qixian was guilty of the crime of infringing on the reputation and honor of a heroic martyr. , Sentenced to 7 months’ imprisonment, and ordered him to publicly apologize through the domestic media within 10 days from the effective date of the judgment to eliminate the impact.

After the verdict of the first instance was pronounced, it quickly sparked heated discussions on the Internet.

　　Focusing on related hot issues, a reporter from the Rule of Law Daily interviewed Sun Lijie, the prosecutor who handled the case.

　　Reporter: In response to the incident of "travel bloggers posing in front of the tombstones of heroes defending the border between China and India", how did the Xinjiang procuratorial organs take immediate measures to deal with it?

　　Sun Lijie: At 15:00 on July 18, some netizens reported to the autonomous region’s procuratorate’s official Weibo "@疆检察" via Weibo that a travel blogger was laughing and posing next to the tombstones of the heroes guarding the border between China and India and stepping on the tombs of martyrs. .

The majority of netizens generally expressed anger at the bad behavior.

　　"The heroes must not tolerate blasphemy, and the procuratorial organs cannot stand by." The autonomous region's procuratorate quickly deployed and arranged to require relevant procuratorial organs and relevant departments to act simultaneously online and offline, and deal with them in accordance with the law, so as not to give any blasphemy to heroic behaviors the slightest arbitrarily space.

　　Online, at 15:19 on July 18th, "@重庆察察" publicly responded: "No matter what the original intention is, heroes must not be desecrated!" The three-level linkage mechanism of the new government media matrix of the Xinjiang procuratorial organ was immediately activated. On the one hand, it passed "@和田检察" sent an order to "@皮山检察", and the procuratorial agency quickly intervened; on the other hand, "@乌鲁木齐察察" docked with the cultural and tourism department of the autonomous region, suggesting that the travel blogger be included in the travel blacklist. Disciplinary warning.

Subsequently, "@和田检察", "@皮山检察" and "@乌鲁木齐察察" publicly responded to "action immediately."

　　Offline, at 21:30 on July 18, the Law Enforcement Bureau of the Culture and Tourism Department of the Autonomous Region replied that the blogger involved has been included in the Xinjiang tourism blacklist; the Pishan County Procuratorate concluded that Li Qixian may be suspected of a crime, and immediately urged the local public security agency File a case for investigation.

On July 21, Li Qixian was seized in the Ngari area of ​​Tibet.

In the meantime, the Procuratorate of the Autonomous Region also cooperated with the Urumqi Military Procuratorate to visit and investigate the Kangxiwa Martyrs Cemetery, and strengthened the protection of the cemetery to study countermeasures.

　　Reporter: How did the procuratorate determine that Li Qixian constituted a crime of infringing upon the reputation and honor of a heroic martyr?

　　Sun Lijie: The crime of infringing on the reputation and honour of heroes and martyrs is a newly added crime in the Criminal Law Amendment (11) that was officially implemented on March 1 this year.

To determine whether the perpetrator constitutes the crime, one is to see whether the perpetrator has insulted, slandered or otherwise violated the reputation and honor of heroes and martyrs; the second is to see whether the behavior has harmed the public interest; the third is to see whether it has been achieved. The severity of the plot.

The three are indispensable.

　　First of all, we believe that Li Qixian committed acts that insulted the reputation and honor of heroes and martyrs.

Li Qixian’s behavior at the Martyrs’ Cemetery that day included stepping on the base of the stone monument engraved with the name of the Martyrs’ Cemetery, leaning against the body of the monument and posing for photos. Then he stepped on the base of the tombstone with a smile on his face in front of the tomb of Chen Xiangrong, who was under 19 at the time of his sacrifice. The "pistol" poses again at the tombstone of the martyrs.

In such a solemn and solemn place, Li Qixian made the above behavior and posed for photos, and his insult to the heroes and martyrs is obvious.

　　Secondly, we believe that Li Qixian's actions have harmed the public interest of society.

In this case, a large number of insulting photos spread on the Internet, forming a hot spot on the Internet, and once rushed to the second place in the hot search on Weibo, arousing strong condemnation from a large number of netizens.

In addition, representatives of commanders and fighters of the troops that Martyr Chen Xiangrong served in his lifetime even signed collectively to express his anger.

The above conditions all reflect that Li Qixian's actions have seriously hurt the people and the sincere feelings of frontline officers and soldiers towards heroes and martyrs, impacted the core values ​​of socialism, and harmed the public interests of society.

　　Again, we believe that Li Qixian's behavior has reached the level of seriousness of the plot.

On July 15, Li Qixian first uploaded the photos to WeChat Moments and deleted them after receiving reminders from many netizens.

However, in order to obtain network traffic, Li Qixian deleted the WeChat Moments photos two hours later, and uploaded the photos to the personal account "Xiaoxian Jayson" on the more open social media platform until the account was banned forever.

The spread of the incident was large, the social impact was bad, and it was deemed "serious" without any problems.

　　Based on the above considerations, we prosecuted Li Qixian for allegedly infringing on the reputation and honor of heroes and martyrs.

　　Reporter: The procuratorial organ filed a public prosecution against Li Qixian for allegedly infringing on the reputation and honour of heroes and martyrs. At the same time, it also filed a criminal incidental civil public interest lawsuit. Why should a criminal incidental civil public interest lawsuit be filed in this case?

　　Sun Lijie: The heroes served the country in order to protect the mountains and rivers. However, travel blogger Li Qixian "consumed the martyrs" through the online platform. His behavior derogated the personal rights and interests of the martyrs and harmed the common emotions of the whole society and the whole nation, as well as the spirit of the heroes. The public interest represented by the society.

According to the provisions of the Civil Code and the Law on the Protection of Heroes and Martyrs, civil liabilities shall be assumed in accordance with the law.

　　In order to respond to social concerns and fight back against the abominable acts of insulting heroes, the Procuratorate of the Autonomous Region guided the Pishan County Procuratorate to file a criminal incidental civil public interest lawsuit against Li Qixian.

Subsequently, in accordance with the pre-litigation procedures of the procuratorial public interest litigation, the Urumqi Military Procuratorate and the Urumqi Military Procuratorate sent prosecutors to the home of the martyr Chen Xiangrong, Pingnan, Fujian for comments. His close relatives clearly agreed to the prosecution to initiate a civil public interest lawsuit, and Chen Xiangrong’s mother signed on behalf of the close relatives. Agreed to the prosecutors’ civil public interest litigation "Declaration".

　　After performing the pre-litigation procedures for public interest litigation, the procuratorial agency sued Li Qixian in accordance with the provisions of Article 179 of the Civil Code, requiring him to disclose through national media for acts that insulted heroes, hurt national sentiments and public conscience, and harmed public interests. Apologize and eliminate the impact.

　　Reporter: It is understood that the protection of the Kangsiwa Martyrs Cemetery has also been strengthened through this case.

Please tell us about the situation in this regard.

　　Sun Lijie: In order to strengthen the management of the Kangsiwa Martyrs Cemetery, the Procuratorate of the Autonomous Region, in conjunction with relevant administrative agencies, united with the Urumqi Military Procuratorate of the People’s Liberation Army, and the Hotan District Procuratorate, Pishan County People’s Procuratorate, carried out public welfare protection for the Kangsiwa Martyrs Cemetery. Through pre-litigation consultations, communication during the incident, and multi-party follow-up, the restoration, hierarchical protection of the Kangsiwa Martyrs Cemetery, the collection and sorting of historical materials on martyrs' relics and deeds have been comprehensively promoted.

At present, under the great attention of relevant parties, 25 million yuan for the repair of the cemetery has been funded, and the repair project with the theme of "the heroic soul of the border, the monument to the plateau" was launched on August 8.

In the future, the procuratorial organs will carry out continuous follow-up supervision on the protection of the red resource, the Kangsiwa Martyrs Cemetery.

　　Reporter: What is the typical significance of this travel blogger's infringement of the reputation and honor of heroes and martyrs handled by the Xinjiang procuratorial organ?

　　Sun Lijie: The procuratorial organs, in accordance with laws and regulations, take the initiative to perform their duties, quickly deal with them online and offline, and combine case handling with law popularization, with a strong deterrent effect and effect, to warn those "net celebrities" who have no bottom line, and do not have "no". The fluke mentality that you can get through without itching.

This not only demonstrates the determination of the procuratorial organs to protect the dignity and reputation of the heroes, but also helps guide the establishment of correct values ​​in the whole society and create a strong atmosphere for defending the name of the heroes.

At the same time, it warns the world that cyberspace is not a place outside the law. Regardless of "big V" or "small V", no matter how insulting and slandering the reputation of heroes and blaspheming heroes, the procuratorial organs will adopt a "zero tolerance" and accountability attitude. , Strictly investigate and deal with according to law.

We resolutely say no to any act of blasphemy against heroes!