When the slogan "Jing Day" was used as a car sticker, the owner and the merchant were punished, is it wronged? !

　　Chinanews.com client, Beijing, October 11 (Peng Ningling) "Japan must win", "Unit 731", "Made in China", Japanese military flag... Recently, many private cars have been posted with "Jingri" or even insulting China. The color sticker incident was exposed, and the car owner involved was punished.

　　The Japanese war of aggression against China left the Chinese people with heavy and indelible scars. Posting "Fine Days" and even insulting Chinese car stickers to the market not only hurt the feelings of compatriots, but also trampled on the bottom line of the law!

Screenshot of Weibo.

"Japan will win"

Another car owner was fined!

　　Recently, it has been exposed in many places that private cars have posted news with color car stickers such as "Jing day" and insulting China.

For example, on September 27, a netizen reported that a black car in Nantong, Jiangsu Province had the words "Sure Victory, Japan, Unit 731 of the General Military Region" posted on it.

Later, the owner of the car involved was sentenced to administrative detention for 15 days.

　　On September 29, it was revealed on the Internet that a Honda car in Zhengzhou, Henan Province had a car sticker with the words "Kamikaze" and a Japanese military flag.

After the vehicle has been handed over to the police station for processing.

　　On October 2, Liaoning@盘锦网警 Inspection and Law Enforcement posted a recent case involving the use of Japanese military flags and other insulting stickers on a private car on the Internet.

In the video, the Japanese flag, Japanese military flag, "Made in China" and "Wuyun Changji" stickers were affixed to the rear of the vehicle involved.

After the incident, the owner of the car involved was detained for 15 days and fined 1,000 yuan.

　　Recently, Kaili in Guizhou revealed that a man driving a car with a "Japanese Kamikaze" logo was sentenced to administrative detention by the public security organ for 12 days and a fine of 600 yuan was imposed.

Nantong police informed that the car had improperly posted words.

Curious?

ignorance?

Blatantly provocative!

　　The exposure of these highly militaristic car stickers aroused public outrage.

　　Deng Qianqiu, a lawyer from Beijing Zhongwen Law Firm, said in an interview with Chinanews.com that the posting of Japanese military flag patterns and other insulting and provocative texts and patterns related to the war of aggression against China, if there is any subjective intention to make trouble or provoking national sentiments , It violates the provisions of the "Law on the Protection of Heroes and Martyrs of the People's Republic of China" and the "Law of the People's Republic of China on Public Security Administration Punishments."

　　my country’s first special legislation for the protection of heroes and martyrs, the "Law on the Protection of Heroes and Martyrs of the People’s Republic of China" clearly stipulates that it desecrates and denies the deeds and spirits of heroes and martyrs, promotes and beautifies wars of aggression and acts of aggression, provokes disturbances, disrupts public order, and constitutes a violation of public order management. In case of acts, the public security organ shall impose public security management penalties in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

　　According to Article 26, Paragraph 4 of the Law of the People’s Republic of China on Public Security Administration Punishments, any other act of provocation and provocation shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; the circumstances are more serious. , Detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.

　　Earlier, some lawyers analyzed the media that posting insulting Chinese car stickers on the car body that hurt compatriots’ feelings and challenged public order and good customs may be regarded as an illegal act of provoking troubles.

　　In related reports, Nantong police found after investigation that the owner of the car, Yin, was "out of curiosity," while the owner of a private car in Liaoning claimed that he only learned the meaning of these insulting slogans after being warned by the public.

　　The lawyer stated that if it is only out of curiosity or ignorance, there is no intention to provoke national feelings subjectively, and it does not constitute a circumstance that should be punished.

And to judge whether there is corresponding subjective intention, it should be combined with the statement of the actor, the cognition of the surrounding people and the specific circumstances of the actor's posting behavior.

　　From the comments made by netizens, it can be seen that some netizens may not know what they mean by similar to "Kamikaze" or "Wu Yunlong", but flaunting signs such as the Japanese military flag and "Unit 731" are knowingly committed.

Should the merchant be fined?

　　In addition to the car owners involved, similar incidents have occurred frequently recently, and many netizens have also asked whether the sellers and producers behind them should be held accountable.

　　In this regard, Deng Qianqiu said that, generally speaking, if manufacturers and sellers only produce and sell relevant text patterns as ordinary goods, they generally do not have the subjective intention to provocate national sentiments or cause trouble, and should not bear legal responsibility.

　　The lawyer believes that if the driver knows that the driver has purchased the text pattern to provoke national feelings and provoke troubles, but still produces and sells it, it is an act of assistance and should be punished.

　　At the same time, if the production and sales of the text and patterns obviously damage the dignity of the nation, and there is no other legitimate and reasonable use, it may constitute an illegal publication, which should be administratively punished in the light of the case, and criminal responsibility should be borne in the severe case.

A screenshot of Panjin.com's police patrolling and law enforcement Weibo.

　　In the handling of several recent incidents, @辽宁盘锦网警 Inspection and Law Enforcement notified the punishment of the merchant on October 6th: After investigation, the car sticker held by Zhang was obtained through a "private customization" of a shopping platform car sticker merchant. At present, the business owner and customer service have been sentenced to administrative detention for 5 days by the local public security agency.

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