China News Agency, Beijing, May 6th, title: What are the implications of Luo Changping's case of insulting heroes and prisoners?

  China News Agency reporter Zhang Su

  "The Internet is not a place outside the law, and the reputation and honor of heroes and martyrs cannot be slandered." Zhou Guangquan, a professor at Tsinghua University Law School, wrote an article on the 6th to comment on the Luo Changping case.

  On May 5, the Suburban People's Court of Sanya City, Hainan Province publicly pronounced the verdict on the case of the defendant Luo Changping infringing on the honor and honor of heroes and martyrs and criminal incidental civil public interest litigation.

Luo Changping was sentenced to seven months in prison and assumed civil liability such as public apology in some media.

  Luo Changping is a "recidivist"

  Liu Zhiwei, a professor at the Institute of Criminal Law Science of Beijing Normal University, combed the case and found that Luo Changping was a "recidivist". Dispose of about 30 times.

  Luo Changping did not want to repent.

On October 6, 2021, when the movie "Changjin Lake" was released, he again publicly made illegal remarks, insulting the martyrs of the "Ice Sculpture Company" of the Chinese People's Volunteers who died.

  The court held that the defendant Luo Changping's behavior had constituted a crime of infringing upon the reputation and honor of heroes and martyrs, and should be punished according to law, and he should bear the corresponding civil tort liability.

  Liu Zhiwei explained that the crime of infringing upon the reputation and honor of heroes and martyrs is a newly established crime under the Criminal Law Amendment (Eleven), which will come into force on March 1, 2021.

This kind of crime not only infringes on the reputation and honor of heroes and martyrs, but also seriously damages the social and public interests. Therefore, the defendant should bear both criminal and civil liability.

  It is worth noting that the official disclosure this time that Luo Changping had surrendered himself and voluntarily pleaded guilty and accepted punishment. He has paid 80,000 yuan in compensation for public welfare damages for public welfare undertakings such as the commemoration of the spiritual deeds of the martyrs to resist US aggression and aid Korea, and publicity.

  The Internet is not a place outside the law

  Luo Changping was not only a well-known media person, but also an Internet "big V".

After investigation, the 9 illegal posts published by him have been read more than 17 million times, with nearly 20,000 comments and more than 30,000 reposts.

  Zhou Guangquan said that as an online "big V", he has a certain right to speak and influence on the Internet, and he himself should assume his own social responsibility, be cautious in his words and deeds, consciously self-discipline, and be responsible for his words.

  Some commentators believe that Luo Changping's sentence is a warning to publishing similar bad speeches on the Internet.

  "Freedom of speech is not absolute freedom. While we enjoy freedom of speech, we must not violate the prohibitive provisions of the law, and must not damage the legitimate rights of the state, society, collective interests and other citizens." Zhou Guangquan pointed out that the Criminal Law, Civil Code and Heroes and Martyrs The protection law stipulates that online words and deeds are limited, cyberspace is never a place outside the law, and the openness and freedom of the Internet must also be premised on compliance with laws and regulations.

  It should be pointed out that in China, the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law have been promulgated one after another, clarifying the legal basis for strengthening cyber enforcement.

  Dare to take up legal weapons

  The Luo Changping case is not an isolated case.

Some observers said that from the case of Jiaduobao's insulting martyr Qiu Shaoyun, to the case of Fang Zhimin's reputation infringement case, and then to the case of "spicy pen ball" infringing on the honor and honor of heroes and martyrs, historical nihilism has shown new signs and trends.

  However, Liu Zhiwei noticed that during the trial of these cases, public opinion overwhelmingly favored severe punishment for insulting martyrs, fully demonstrating that "justice is in the hearts of the people."

  After Luo Changping fell into the French Open, the website of the Central Commission for Discipline Inspection and the State Supervision Commission once commented, "In the face of distorting and denying heroic deeds, destroying heroic memorial facilities, insulting heroic portraits, etc., we must not ignore them, but stand up. , Dare to show the sword, not only to be severely condemned, but also to take up legal weapons to strike."

  In February of this year, the Supreme People's Procuratorate announced that since 2019, procuratorial organs across the country have approved the arrest of 12 suspects for crimes of infringing on the honor and honor of heroes and martyrs, and prosecuted a total of 15 defendants for crimes that violated the honor and honor of heroes and martyrs.

  Zhou Guangquan also reminded that both Internet information service providers and netizens should enhance their awareness of the rule of law, self-discipline and bottom line, and jointly create a clean and upright network environment.