(Observation of the NPC and CPPCC) Severe punishment for touching porcelain, guarding personality... China Judicial Annual Answers to "New Questions"

　　China News Service, Beijing, March 8th, title: Severe punishment for touching porcelain, guarding personality... China Judicial Annual Answers to "New Questions"

　　Author Zhang Su Li Chun Guo Chaokai

　　The work report of the Supreme People’s Court and the work report of the Supreme People’s Procuratorate, which were submitted to the Fourth Session of the 13th National People’s Congress on the 8th, both mentioned one word, “brilliance”.

On March 8, the fourth session of the 13th National People's Congress held its second plenary session in the Great Hall of the People in Beijing.

Photo by China News Agency reporter Sheng Jiapeng

　　Touching porcelain is not a new thing. It has long been abhorrent to people, but it has not been clearly defined in the law.

In October 2020, the Chinese government issued an opinion, clarifying that touching porcelain is “the act of illegally obtaining property by the perpetrator by deliberately fabricating or fabricating the false appearance of the victim, using fraud, extortion, etc.”.

Severely punishing illegal crimes, since then there has been a "scale".

　　This year, the Supreme Law report named the "bumping porcelain" groups based on real cases, such as the group that deliberately caused traffic accidents.

The Supreme People’s Procuratorate’s report stated that it severely punishes the establishment of a bureau in the name of "victimization" for money.

　　Of course, the lack of integrity that needs to be addressed does not end here.

Criminals who use "house for the elderly" to entrap the elderly, engine service providers who illegally hijack traffic, "text copying" from the Internet, real estate companies that create false lawsuits... The Supreme Law report emphasized the need to use them after one point. The rule of law means “make false statements pay the price, those who make and sell fakes are punished, and those who touch porcelain fall into the French net”.

　　Ma Qi, the person in charge of the Supreme People’s Procuratorate’s drafting group and deputy director of the General Office of the Supreme People’s Procuratorate, said that last year the prosecutors supervised and corrected more than 10,000 false lawsuits and prosecuted more than 1,300 people for suspected crimes, an increase over the same period last year, and the effect is relatively obvious.

　　Personality rights were included in the "Two Highs" report after the first independent compilation of the Civil Code.

At present, judicial policies have added provisions such as injunctions on the infringement of personality rights of applicants, and unblocked the relief channels for personality rights.

　　From the trial of the WeChat group insulting personality case, it shows that "resolutely stop cyber violence", to the trial of the workplace sexual harassment damage liability case, "to subject the sexual harassers to legal sanctions", to the trial of the case of importing frozen shrimp 10,000 consumers, clearly "prohibition of abuse of rights to disclose citizens "Personal information", in the words of He Xiaorong, the vice president of the Supreme People's Court, "the freedom of the human body is fully protected, and the dignity of the person is truly respected."

　　In the case of protecting the right of personality, the trial of the infringement of the "two bombs and one star" meritorious Yu Min's right of reputation is also on trial.

The Supreme Dharma report emphasizes the establishment of a good manner of advocating heroes.

　　"The heroes must not be slandered, and the law must not be provoked." The Supreme Procuratorate's report said.

Recently, a cyber veteran maliciously slandered and degraded the heroic soldiers defending the border. Jiangsu prosecutors have applied the Criminal Law Amendment (11) that came into effect on March 1 this year and approved the arrest on suspicion of infringing on the reputation and honour of heroes and martyrs.

　　The Supreme Court report also disclosed a case of providing strong protection for heroes.

Through communication and coordination, the Hunan court allowed a Tibetan warrior and his family to receive compensation in advance, so that the fighters could go to the front lines with greater peace of mind.

　　In addition to answering the "new questions", China's judicial annual answer sheet also gives "new solutions" to some common questions in accordance with the times and circumstances.

　　Such as protecting intellectual property rights.

Last year, courts across the country concluded 466,000 first-instance intellectual property cases, an increase of 11.7% year-on-year; prosecutors prosecuted 12,000 infringement of intellectual property rights, an increase of 10.4% year-on-year.

The Supreme People’s Procuratorate has set up an Intellectual Property Prosecutor’s Office, and this year it will actively participate in rectifying key areas where public complaints are strong and infringement and counterfeiting are frequent.

　　"We will comprehensively promote the system of proactively informing right holders of intellectual property criminal cases of their procedural rights and obligations, and continue to explore the centralized jurisdiction of intellectual property cases across regions." Ma Qi said.

　　Such as anti-domestic violence.

From 2016 to 2020, the national court system issued a total of 7,918 personal safety protection orders.

He Xiaorong said that the next step will be to reduce the burden of proof of the victimized parties in accordance with the law, and increase the efforts of the people's courts to investigate and collect evidence ex officio.

At the same time, for violations of personal safety protection orders, punishments have been increased through detention and fines in accordance with the law.

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