(Observation of the Two Sessions) How does the "two highs" report respond to hotspots and pain points and how does justice escort people's lives?
China News Service, Beijing, March 9th (Reporter Yuan Xiuyue) From face recognition to cyber violence, insults and slanders, from "tea look at color" to "green pepper", from the case of a courier woman being derailed by rumors to maliciously slandering the volunteer army heroes... ...The "two high" reports (the work report of the Supreme People's Court and the Supreme People's Procuratorate) submitted to the Fifth Session of the 13th National People's Congress for deliberation, responded in a timely manner to the hot spots and pain points of the people's concerns, and demonstrated the determination of the judiciary to escort people's lives.
In recent years, disputes and controversies in the network field have continued, and problems such as personal information leakage, online violence, and rumors and slander have become prominent.
The "Two Highs" report responded to the above questions one by one.
The work report of the Supreme People's Court pointed out that in 2021, the theft and reselling of ID cards, address books, express slips, WeChat accounts, patient information and other crimes that violate citizens' personal information will be severely punished, and 4,098 related cases will be concluded.
Issue a judicial interpretation of face recognition to stop the abuse of face recognition technology, so that the public no longer worry about their "face".
On March 8, the second plenary session of the Fifth Session of the Thirteenth National People's Congress was held in the Great Hall of the People in Beijing.
Zhang Jun, chief procurator of the Supreme People's Procuratorate, made a report on the work of the Supreme People's Procuratorate.
Photo by China News Agency reporter Sheng Jiapeng
The work report of the Supreme People's Procuratorate pointed out that in 2021, 3,436 people will be prosecuted for crimes that seriously endanger social order and violate citizens' rights, such as online defamation, insults, and infringement of citizens' personal information.
"Both reports mentioned the issue of legal system construction on the Internet. The report of the People's Court emphasized the protection of personal information, especially the creation of a clear network environment. These are all in line with the new trend of social development." Member of the National Committee of the Chinese People's Political Consultative Conference , said Zhang Yiwu, a professor of Chinese at Peking University.
He Xiaorong, vice-president of the Supreme Court, said when interpreting the work report of the Supreme Court that in order to protect the security of personal information, the people's courts formulate judicial interpretations, clarify the rules of adjudication, and weave a "judicial three-dimensional protection network" to protect the security of personal information.
On the one hand, through the trial of typical cases, it sets a benchmark for safeguarding the rights and interests of citizens' personality.
Interpreting the law by case is an important feature of this year's "two high" reports.
In the field of the Internet, the Supreme People's Procuratorate's work report mentioned several cases, such as the procuratorial organs prosecuted the Internet bloggers for maliciously slandering the heroes of the Volunteer Army and arbitrarily insulting the martyrs who defended the country and borders, safeguarding the rights and interests of heroes and defending the glory of heroes with the rule of law.
In this regard, Hu Guangyang, a member of the drafting team of the Supreme People's Procuratorate's work report and deputy director of the General Office of the Supreme People's Procuratorate, said that the case is a vivid imprint of the construction of the rule of law, and "a case is better than a dozen documents."
"The case of the woman who took the courier's rumour and derailment was transferred from private prosecution to public prosecution. We released it as a guiding case to let more people know that online defamation of others is not only a violation of personal rights, but also seriously endangers social order, which can be prosecuted, and cyberspace must also abide by the law. It also provides a case-handling reference for law enforcement and judicial organs." The Supreme People's Procuratorate's work report pointed out in the interpretation of important issues.
Through a number of typical cases, it can be seen that the two high-level reports have responded positively to social and people's livelihood issues.
After the media disclosed the Kunshan anti-murder case, the Supreme People's Procuratorate released it as a self-defense guiding case, and then released Laiyuan anti-murder case, Hangzhou Shengchunping case, Lijiang Tangxue case and other influential legitimate defense cases.
"It not only makes the 'sleeping' self-defense clause in the criminal law gradually activated in judicial practice, but also guides and reshapes the concept of legal self-defense, so that 'the law cannot give way to the lawless' is deeply rooted in the hearts of the people." Hu Guangyang said.
The work report of the Supreme People's Court mentioned the cases of "tea color and color" and "green pepper", which made it clear that such acts of adhering to famous brands and "touching porcelain-style rights protection" are not protected, in order to maintain fair competition, maintain market order, and guide Operators conduct healthy competition through technological innovation.
The owner on the first floor does not agree, can the elevator still be installed?
Most owners agree.
What should I do if I kindly carry someone else in a car accident against the defendant?
Kindly agree to take the same ride to reduce the driver's liability for compensation.
The work report of the Supreme People's Court clarified through the case of installing elevators in old residential areas and the case of reducing liability for good-willed rides.
"Through the trial of each case, the provisions of the Civil Code have become more vivid, and the daily life of the people, such as food, clothing, housing, transportation, birth, death, marriage, funeral, and marriage, has been brought into the track of the rule of law, so that everyone can truly feel that the Civil Code is the guarantee of people's rights. Books are the legal encyclopedia of daily life," said Yu Maoyu, deputy director of the General Office of the Supreme Court and head of the drafting group of the Supreme Court's work report.
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