China News Service, April 1. According to the official WeChat news of the Hangzhou Internet Court, from February to April 2021, Chen posted a total of 20 inappropriate comments on the frontier martyr Xiao Siyuan on the Internet, slandering his image and reputation.
On April 1, the Hangzhou Internet Court formed a seven-member collegial panel to open a public hearing of the public interest litigation plaintiff, Linping District People's Procuratorate of Hangzhou City, against Chen Mouying and martyr for the protection of civil public interest litigation. Apologize and remove the impact.
The prosecutor of the public interest lawsuit alleged that during the performance of his duties, it was discovered that from February to April 2021, Chen Mou published messages against the martyr Xiao Siyuan under the "People's Daily", "CCTV News", "Toutiao News" and other Weibo accounts. There are a total of 20 inappropriate comments, slandering their image and reputation.
Chen's actions violated the reputation and honor of the martyr Xiao Siyuan, and harmed the public interests. Therefore, he filed a civil public interest lawsuit with the Hangzhou Internet Court, requesting that the defendant, Chen, make a public apology on the national news media and eliminate the impact.
Defendant Chen argued that because he was unhappy in real life, he thought that no one online knew who he was, so he attacked, slandered and abused others to vent his negative emotions.
He has deeply recognized the mistakes of his own behavior, and apologized for the negative impact his words and deeds had on the public and the harm caused to Martyr Xiao Siyuan and his relatives, and is willing to sincerely apologize to the public.
The Hangzhou Internet Court held that the deeds and spirits of heroes and martyrs are the common memory of the Chinese nation and an important embodiment of the core socialist values.
The heroic deeds of Martyr Xiao Siyuan have established the spiritual guidance for the broad masses of the people to not be afraid of hardships and difficulties, and to strive and sacrifice for the country and the people.
The defendant's words and deeds involved in the case infringed upon the reputation and honor of heroes and martyrs, and harmed social and public interests, and should bear the civil liability of an apology.
First of all, the defendant's words and deeds pointed to Martyr Xiao Siyuan.
The defendant repeatedly published insulting remarks against Martyr Xiao Siyuan under the articles of memory and memory of Martyr Xiao Siyuan.
Judging from the form, content and quantity of comments and replies, the main object of the remarks is clear, that is, Martyr Xiao Siyuan.
Secondly, the defendant's words and deeds infringed on the two personal interests of Martyr Xiao Siyuan's reputation and honor.
Reputation is the social evaluation of the subject's morality, prestige, ability, reputation, credit, etc.
Honor is a positive formal evaluation given by the state and society to the subjects who have made outstanding contributions or outstanding performance in social production and life.
The reputation and honor of social subjects are closely related, but there are also differences.
Honor is an honorary title awarded to a subject by a state or social organization, and is a commendatory evaluation of a subject's specific behavior in a specific event.
Reputation is a comprehensive social evaluation of the subject's character and ability.
The act of infringing on the honor can easily lead to the infringing on the reputation of the subject, and vice versa.
In this case, the terms used by the defendant are insulting, which obviously constitutes an infringement on the reputation of Martyr Xiao Siyuan.
At the same time, he made slander and derogatory remarks on Martyr Xiao Siyuan's heroic deeds of defending the border and defending the country, which seriously violated the honor of Martyr Xiao Siyuan.
Finally, the defendant's words and deeds involved in the case harmed the public interest.
The personal interests of heroes and martyrs have dual attributes of public interests and private interests.
The core meaning of Article 185 of the Civil Code is to safeguard social public interests, with emphasis on protecting the personal interests of heroes and martyrs who have become an important part of social public interests.
The connotation of social public interest is uncertain and open, and its connotation will be different in different fields and under different circumstances.
The connotation of public interest in Article 185 of the Civil Code, "Martyrs Clause", refers to the common memory, common emotion and national spirit of the nation, the core socialist values, and the social atmosphere of honoring heroes and martyrs and promoting good and suppressing evil.
Smearing heroic figures is a denial of the core socialist values and the spirit of revolutionary heroism. It is easy to have an impact and impact on the value orientation of the masses, especially young people, and damage the national sentiments of the masses.
The defendant has repeatedly published serious insulting, slandering, derogatory and blasphemous remarks against the reputation and honor of the martyr Xiao Siyuan, which has hurt the common sentiment and national spirit of the society and the people, and damaged the social atmosphere and public morality of honoring heroes and promoting good and suppressing evil. It is conducive to the continuity and inheritance of the common memory of the nation, which is not in line with the core socialist values, and its behavior has constituted an infringement of social public interests.
The defendant expressed in court that he accepted the sentence, and said that he had recognized his own mistakes and apologized to all sectors of society.
In the future, we will establish a correct outlook on life and the world, and strengthen our heartfelt respect for heroes and martyrs.
After the verdict, he will go to the monument to the revolutionary martyrs in Linping District, Hangzhou, to pay tribute to the martyrs who guard the motherland.