China News Service, February 21. The Supreme People's Procuratorate held a press conference on the 21st. Miao Shengming, member of the Procuratorial Committee of the Supreme People's Procuratorate and director of the First Procuratorate, introduced the work of the procuratorial organs to strengthen the criminal protection of personality rights in recent years.
He said that since 2019, 213 people have been prosecuted for crimes of insult and defamation; the cycle of crimes against personality rights in the online environment has obvious stages, and cyberspace is not an extrajudicial place.
Pay more attention to the protection of citizens' personality rights, and handle the "small cases" around the people with heart and affection.
Although most cases of crimes against personality rights are "minor cases", they are related to the vital interests of the people, their feelings about social security, and their feelings about fairness and justice.
Since 2019, procuratorial organs across the country have fulfilled their duties, approving the arrest of 168 suspects for crimes of insult and defamation, 12,410 suspects for crimes of infringing on citizens' personal information, and 12 suspects for crimes of infringing on the honor and honor of heroes and martyrs. A total of 213 defendants were charged with crimes of insult and defamation, 21,923 defendants were charged with crimes of infringing on citizens' personal information, and 15 defendants were charged with crimes of infringing on the honor and honor of heroes and martyrs.
By accusing crimes, the legitimate rights and interests of the victims are effectively protected.
Accurately grasp the characteristics of cases in the Internet age, and play the role of case guidance and education and warning.
On the one hand, the crime cycle of crimes against personality rights in the online environment has obvious stages. Such cases are often accompanied by hot-spot incidents, such as the infringement on the honor of heroes and martyrs in the defense of the country, the honor series, and the infringement on the honor of Academician Yuan Longping. , Honor series cases all occurred within a short period of time after the relevant news reports. With the transfer of social hot spots, the cases also decreased, but at the same time, it also indicated that the series of cases may appear again with the next hot event.
On the other hand, insulting, slandering, and infringing on citizens' personal information on the Internet has a fast dissemination speed, wide dissemination range, serious harm, and uncontrollable consequences.
This is very different from community transmission in the past.
For example, in Prosecution Case No. 136, in the case of Qiu who violated the honor and honor of heroes and martyrs, his slanderous remarks were clicked and read more than 130,000 times in just five hours, causing a bad social impact.
In Prosecution No. 137, the defamation case of Lang and He, the Weibo topic "The woman who has been derailed by rumors can't find a job so far" has been read 470 million times, and the topic has been discussed 58,000 times.
The procuratorial organs firmly grasp the characteristics of the cases, and by handling typical cases in a timely and accurate manner according to the law, guiding the handling of similar cases, and actively implementing the legal popularization responsibility system of “who enforces the law, popularizes the law”, guides and regulates social behavior, and clearly conveys such a message to the society— — "Cyberspace is not an extrajudicial place".
Accurately grasp the nature and circumstances of the behavior in accordance with the law, and implement the criminal policy of combining leniency with strictness.
The Supreme People's Procuratorate strengthened the policy guidelines for handling cases, and accurately grasped the nature of the behavior and the basic compliance with the handling of cases. For example, when handling the cases of infringement on the honor and honor of heroes and martyrs added by the Criminal Law Amendment (11), it clearly stated that no matter public security punishment or criminal punishment, it should be followed. The principle of severe punishment in accordance with the law.
If the circumstances are serious, a decision to arrest or prosecute is made in accordance with the law.
For those who are not dealt with as crimes but constitute violations of the law, the public security organs are recommended to heavier public security punishments in accordance with the law.
For example, in 2021, the Beijing procuratorial organ handled the case of Chen who violated the hero and martyr of defending the country. After the procuratorial organ made a decision not to arrest him if it did not constitute a crime, the public security organ made a decision to punish him for 14 days according to law.
At the same time, the procuratorial organs have applied the leniency system for admitting guilt and punishing in accordance with the law in handling cases, urging defendants to voluntarily admit guilt and accept punishment, and sincerely repent. Effective protection according to law.
Strengthen the supervision and guidance of key cases, and continuously improve cooperation with other law enforcement and judicial organs.
For criminal cases of violation of personality rights that have attracted widespread attention from the society, the Supreme People's Procuratorate will give full play to the advantages of the integration of the procuratorate, establish and improve a rapid response mechanism, supervise and follow up in a timely manner, and flexibly grasp the policy and application of laws according to the characteristics of different cases, and strictly control the quality of cases. Standard, supervise and guide more than 30 cases of various types of crimes against personality rights, such as the "Spicy Pen Ball" infringing on the honor and honor of heroes and martyrs, and the "Hangzhou woman's case of defamation of express delivery".
These cases are relatively influential cases.
At the same time, strengthen cooperation and mutual restraint with public security organs and people's courts.
Guide timely, standardized, and comprehensive investigation and evidence collection, find out the facts, coordinate with the public security organs in a timely manner on the nature of the behavior and the determination of the circumstances, and distinguish the circumstances of the case and handle them separately.
Communicate with the people's court in a timely manner on the application of evidence standards and procedures to ensure the quality and effectiveness of case handling.
Among them, the case of Qiu who violated the honor and honor of heroes and martyrs, and the online defamation case of Lang and He were rated as the top ten typical cases of the Internet rule of law since the 19th National Congress of the Communist Party of China by the Central Internet Information Office and the Supreme People’s Procuratorate.