To protect the rights and interests of heroes and martyrs, build a strong Great Wall of rule of law
——Written on the occasion of the fifth anniversary of the implementation of the Law on the Protection of Heroes and Martyrs
【Dharma Eye View】
At about 5 a.m. on May 1, in Beijing's Tiananmen Square, more than 5,<> people from all over the country sang the national anthem and witnessed the five-star red flag rising. On the majestic Monument to the People's Heroes, the eight large gilded characters of "The People's Heroes Are Immortal" are bathed in the morning light, revealing a heavy history and great journey to this ancient and ever-new land.
This day marks the fifth anniversary of the implementation of the Law of the People's Republic of China on the Protection of Heroes and Martyrs.
Yang Heqing, spokesman of the Legal Affairs Commission of the Standing Committee of the National People's Congress and director of the Legislative Planning Office, said that over the past five years, the implementation of the Law on the Protection of Heroes and Martyrs has achieved good social results, the clear value orientation of 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 sound and perfect, and the social atmosphere of advocating, learning and protecting heroes and martyrs has become stronger!
Through the sea, the true colors of heroes are revealed; The wind is high and the waves are urgent, and it is even more important to see the mainstay. For more than 100 years, in order to strive for national independence and people's liberation, and to realize the prosperity and strength of the country and the happiness of the people, 20 million heroes and martyrs have been determined to struggle, selflessly dedicate themselves and sacrifice heroically, and they are the most shining coordinates of the Chinese nation!
"The trial of every case is a vivid lesson in the rule of law"
In 2019, many people posted inappropriate remarks insulting and slandering martyrs who died in the forest fire in Muli County, Liangshan, Sichuan, and were sentenced to apologize and eliminate adverse effects; In 2021, the case of "hot pen balls" slandering martyrs who defended the country became the first case to be applied to crimes against the honor and honor of heroes and martyrs; In 2022, Luo Moumou insulted the "Ice Sculpture Company" criminal incidental civil public interest lawsuit case was pronounced, Luo Moumou was sentenced to seven months in prison, bear public welfare damages of 8,<> yuan, and publicly apologize...
In recent years, many cases involving the protection of the rights and interests of heroes and martyrs have become well-known hot events and become typical cases of popularizing the law on the protection of heroes and martyrs. Wu Jingli, vice president of the First Civil Division of the Supreme People's Court, said 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, and the cases have attracted high social attention.
In 2018, Li and Wu dressed in imitation Nazi military uniforms took a large number of photos at the Xiaoshan Martyrs' Cemetery in Hangzhou, Zhejiang Province and uploaded them to the Internet, which were later forwarded and spread, and the social impact was bad. During the trial of the case, more than <> students were invited to observe the trial, and the trial process was broadcast live through the China Trial Open Network.
"Through open court hearings and online live broadcasts, court trials will become open courses on rule of law and patriotic education shared by the whole people, further expanding the positive impact of case trials." Judge Zhai Yujia of the First Civil Division of the Hangzhou Intermediate People's Court said, "In particular, we specially invited more than 100 students to attend the trial site to witness the whole process of the trial and the verdict being pronounced in court, and the defendant repented and apologized, and felt the solemn and solemn atmosphere of the scene, I believe that young students can gradually form an ideological consensus of respecting and protecting heroes from this experience, which will have more touching and resonance than simple book education." ”
At the trial scene of Luo Moumou's insult to the "Ice Sculpture Company" case, the court played a film and television work that told the sacrifice of the soldiers of the "Ice Sculpture Company" in the War to Resist US Aggression and Aid Korea. Huang Xiaoni, a prosecutor of the case handling team and director of the Fourth Procuratorate Department of the Sanya Suburban People's Court in Hainan, recalled: "The video is only one minute, but all the people who participated in the trial experienced the tragedy of the sacrifice of the soldiers of the 'Ice Sculpture Company'. By handling cases to warn and deter potential lawbreakers, while inheriting and carrying forward the spirit of heroes and martyrs and patriotism, it is truly better to handle a case than to issue a pile of documents. ”
Reverence for heroes and martyrs is the norm, and everyone is responsible for protecting heroes and martyrs
Every year during the Qingming Festival, the Chinese Memorial Hall of the Anti-Japanese War will express the admiration, sentiment and inheritance of the heroes of the War through the recitation of the anti-Japanese war family letters, the telling of heroic stories, the singing of anti-Japanese war songs, the presentation of flowers to the anti-Japanese war heroes, silent mourning, and online sacrifice of heroes and martyrs.
Dong Lixin, deputy secretary of the Party Committee of the Chinese People's Anti-Japanese War Memorial Hall, said: "These activities let people understand the great history of the Anti-Japanese War through participation, learn and publicize the heroic deeds and spirit, so as to more admire the heroes and martyrs who think of the great national righteousness and put the family and the country as the priority, and draw the Chinese spirit and strength of forging ahead from these heroes." ”
On Qingming Day and important anniversaries, organs, groups, villages, communities, schools, enterprises and public institutions, and relevant units of the armed forces organize and carry out commemorative activities for heroes and martyrs in accordance with actual conditions. This is clearly stipulated in the Law on the Protection of Heroes and Martyrs. At present, there are more than 1600,16 special protection institutions for martyrs' memorial facilities and more than 50,300 martyrs' memorial facilities nationwide. At the same time, there are more than 11 memorial facilities in more than <> countries and regions, and more than <>,<> heroes and martyrs are buried.
According to statistics, from 2018 to 2022, in accordance with the relevant provisions of the Law on the Protection of Heroes and Martyrs and the Administrative Procedure Law, procuratorial organs failed to protect martyrs' memorial facilities, filed more than 8,50 administrative public interest litigation cases, prosecuted more than 2 cases, and promoted the repair of more than 3,<> martyrs' memorial facilities.
A retired teacher who lives in Huaiyuan Ancient Town, Yizhou District, Hechi City, Guangxi Province, has been working for many years to find relatives for local martyrs and promote the repair and protection of the Jiulongyan Martyrs' Tombs. Since 2021, in order to further broaden the sources of clues in public interest litigation cases, the Hechi Municipal People's Procuratorate has issued measures for the implementation of the working mechanism for public interest litigation observers, which will absorb 20 enthusiastic people who are familiar with grassroots conditions, participate in grassroots governance and have high enthusiasm for public affairs into public interest litigation work, and train them to become public interest litigation observers who cooperate with the procuratorate in carrying out public interest litigation.
Wei Bin, a prosecutor at the court, said that public interest litigation observers come from all walks of life, and by inviting public interest litigation observers to participate in handling cases, it can help procurators better listen to the public's voice for the protection of heroic facilities and make up for the shortcomings of professional knowledge.
Promote the development and improvement of the legal system in practice
"In recent years, cyberspace has obviously been 'purified'." Zhang Quan, a researcher at the Institute of Public Governance of Peking University, said that in recent years, chaos such as making spoof videos that ridicule heroes and martyrs, distorting and even spoofing historical classics, and spreading historical nihilism have gradually disappeared, and a series of voices that promote the main theme and spread positive energy have been further disseminated, and film and television literary and artistic works that reflect the deeds of heroes and martyrs and carry forward the heroic spirit have resonated with the masses.
The vitality of the law lies in its implementation, and the authority of the law also lies in its implementation. Hou Yunhao, deputy director and first-level inspector of the Cyber Rule of Law Bureau of the Cyberspace Administration of the Central Committee, said that in the five years since the implementation of the Law on the Protection of Heroes and Martyrs, online words and deeds that distort, vilify, blaspheme, and deny the deeds and spirit of heroes and martyrs have been effectively curbed, and the online atmosphere of advocating heroes and paying tribute to heroes and martyrs has become increasingly strong.
At the same time, the newly revised Regulations on the Praise of Martyrs, the Measures for the Public Sacrifice of Martyrs, the Measures for the Burial of Martyrs, the Overall Work Plan for the Planning, Construction, Repair, Management and Maintenance of Martyrs' Memorial Facilities, the Measures for the Protection and Management of Overseas Martyrs' Memorial Facilities, and the Opinions on Strengthening the Work of Praising Martyrs in the New Era have been continuously promulgated, and the supporting systems related to the protection of heroes and martyrs have been continuously improved to protect the rights and interests of heroes and martyrs in an all-round way.
Huang Xiaoni said that from the perspective of the current court hearing, "the nature, degree and consequences of the conduct involved in each case will affect the determination of whether infringement is constituted, which is a difficult point that needs to be further studied and overcome in practice." In addition, how to quantify the payment of public interest damages, etc., also poses a test to the exercise of discretion by judges. "How much public interest damages will be paid, who will manage them, and how they will be used, it is urgent to establish supporting systems such as the management and use of corresponding funds, so as to truly realize the legislative intent of safeguarding the rights and interests of heroes and martyrs and punishing infringement." Zhai Yujia said.
Zhang Quan emphasized that in addition to punishing subjective and intentional acts that harm the rights and interests of heroes and martyrs on the Internet, it is necessary to provoke Yangqing; It is also necessary to further control the ecology of cyberspace and purify the soil that breeds similar behaviors and phenomena.
For more than 100 years, countless heroes and martyrs have gathered the Great Wall with flesh and blood for national independence and national prosperity. Today, in the name of the country and the power of the whole people, we have built the Great Wall of Rule of Law to defend the rights and interests of heroes and martyrs! (Guangming Daily reporter Liu Huadong).