Fifth Anniversary of the Implementation of the Law on the Protection of Heroes and Martyrs Defend the glory of heroes and martyrs with the power of the rule of law
Guangming Daily reporter Wang Jinhu
"The Law on the Protection of Heroes and Martyrs shows the clear value orientation of defending heroes and martyrs, and is an important law for cultivating and practicing the core socialist values." On April 4, the Legislative Affairs Committee of the Standing Committee of the National People's Congress held a collective interview on the fifth anniversary of the implementation of the Law on the Protection of Heroes and Martyrs, Yang Heqing, spokesman of the Legal Affairs Committee of the Standing Committee of the National People's Congress and director of the Legislative Planning Office, said that since the implementation of the Law on the Protection of Heroes and Martyrs five years ago, the clear value orientation of defending the glory of heroes and martyrs, inheriting the spirit of heroes and martyrs, respecting and defending heroes and martyrs has become more deeply rooted in the hearts of the people, the system and mechanism for ensuring the implementation of the law have become more complete and perfect, and the social atmosphere of advocating, learning and protecting heroes and martyrs has become stronger.
With the successive promulgation of relevant policies and regulations, there is a strong legislative guarantee for the protection of heroes and martyrs. In March 2022, the General Office of the CPC Central Committee, the General Office of the State Council, and the General Office of the Central Military Commission jointly issued the Opinions on Strengthening the Work of Praising Martyrs in the New Era; The State Council and relevant departments have successively revised and formulated supporting administrative regulations and rules such as the Regulations on the Praise of Martyrs and the Measures for the Protection and Management of Martyrs' Memorial Facilities; The Supreme People's Court and the Supreme People's Procuratorate have successively issued notices publicizing and implementing the Law on the Protection of Heroes and Martyrs, and guidelines for handling civil public interest litigation cases concerning the protection of heroes and martyrs. In addition, many local people's congresses and local governments have issued relevant local regulations and rules in light of local history, culture and actual conditions. "National legislation and local legislation form a synergy to provide strong legal guarantees and policy guidance for the protection of heroes and martyrs." Yang Heqing said.
Heroes and martyrs are the backbone of the nation and the vanguard of the times, and safeguarding the legitimate rights and interests of heroes and martyrs is inseparable from the guarantee of judicial services.
"Over the past five years, people's courts at all levels have played a role in adjudication, using judicial means to defend the legitimate rights and interests of heroes and martyrs and safeguard the public interest." Wu Jingli, vice president of the First Civil Division of the Supreme People's Court, said in response to a question from a Guangming Daily reporter that the cases involving the protection of the rights and interests of heroes and martyrs handled by courts across the country over the past five years involve three major litigation fields: civil, criminal and administrative, including lawsuits filed by close relatives of heroes and martyrs in the people's courts, as well as public prosecutions and public interest lawsuits filed by procuratorial organs in accordance with the law. People's courts at all levels are to punish illegal and criminal activities that infringe on the honor and honor of heroes and martyrs through lawful trial of relevant cases, truly safeguard the personal and property rights and interests of martyrs' families, lawfully punish unlawful acts such as encroaching on land and facilities within the scope of protection of martyrs' memorial facilities, as well as destroying or defacing martyrs' memorial facilities, and protect martyrs' memorial facilities from infringement.
"The trial of every case involving the protection of heroes and martyrs is a vivid lesson in the rule of law, which not only warns and educates the parties concerned, but also clearly safeguards the recognition of the broad masses of the people for the deeds of heroes and martyrs and the glorious image of heroes and martyrs through judicial judgments, and guides the whole society to inherit and carry forward the spirit of heroes and martyrs and patriotism." Wu Jingli said: Cases involving the protection of heroes and martyrs have the characteristics of a high rate of serving judgments and appeals, and a high rate of active fulfillment, and due to the high degree of social concern, the number of online clicks and views of trial information in some cases can even reach hundreds of millions of times in a short period of time. Through the trial of specific cases involving the protection of the rights and interests of heroes and martyrs, the people's courts use cases as classrooms to guide the broad masses of the people to enhance their sense of identification with heroes and martyrs and inherit the spirit of heroes and martyrs.
In recent years, especially with the development of Internet technology and the growth of self-media, incidents of distortion, scandalization, blasphemy, and denial of the deeds and spirit of heroes and martyrs have occurred from time to time. In this regard, the procuratorial organs defended the glory of heroes and martyrs with the force of rule of law, and promptly "showed their swords" in cases of infringement of the rights and interests of heroes and martyrs.
"Since the implementation of the Law on the Protection of Heroes and Martyrs, the procuratorate has handled a number of influential cases that infringe on the legitimate rights and interests of heroes and martyrs nationwide, severely punishing those who insult and slander heroes and martyrs; Work with relevant departments to improve relevant working mechanisms, and promote the formation of a strong atmosphere of advocating, learning, and defending heroes and martyrs throughout society through the active performance of procuratorial functions in accordance with law. Liu Dongbin, chief prosecutor and second-level senior procurator of the Second Case Handling Group of the Eighth Procuratorate of the Supreme People's Procuratorate, said that over the past five years, procuratorial organs across the country have handled nearly 60 civil public interest lawsuits against the names, portraits, reputations, and honors of heroes and martyrs, and prosecuted more than 8 cases; In addition, where the procuratorial organs failed to protect the martyrs' memorial facilities, they filed and handled more than 50,2 administrative public interest litigation cases, prosecuted more than 3 cases, and promoted the repair of more than <>,<> martyrs' memorial facilities.
In response to the concerns of the people and punishing illegal acts that infringe on the rights and interests of heroes and martyrs in accordance with the law, procuratorial organs have achieved good publicity and warning education on the rule of law through case handling.