Dianliang Beautiful, Safeguarding the Future —— Defending the Glory of Heroes and Heroes by Judicial Means

Recently, the news that Li Mouxian, a travel blogger, was sentenced to seven months' imprisonment for blaspheming Yinglie in the first instance triggered a hot discussion on the Internet. The total reading volume of related topics exceeded 1 million, and netizens expressed that "the sentence was good". Infringement on the reputation of heroes and heroes, in addition to criminal responsibility, civil responsibility can not run away. The new "heroic clause" in the Civil Code protects the heroic protection.

Typical case

In July 221, Li Mouxian posed in front of the tombstone of the hero guarding the border. Leaning against the monument, laughing all over his face, stepping on the base of the tombstone, posing with his hand as a "pistol" and posting the above photos on social media. These photos spread quickly on the Internet, causing strong public indignation and bad influence. After learning about it, the local procuratorate quickly intervened to investigate. The procuratorate believes that according to the provisions of Article 299-1 of the Criminal Law, Li Mouxian's above-mentioned behavior constitutes a crime against the reputation and honor of heroic martyrs, and he was sentenced to seven months in prison in the first instance.

Prosecutor's statement

At the same time, when the procuratorial organ prosecuted the case of Li Mouxian, it also filed a criminal incidental civil public interest lawsuit. Li Mouxian posed in front of the tomb tablet of the martyrs and spread it through the online platform. His behavior derogated from the martyrs' personal interests and harmed the social interests represented by the heroic spirit. According to the relevant provisions of the Civil Code and the Law of the People's Republic of China on the Protection of Heroes and Martyrs, Li Mouxian should bear civil liability according to law and publicly apologize in the national media to eliminate the influence.

Links to Laws

Article 185 of the Civil Code stipulates that anyone who infringes on the names, portraits, reputations and honors of heroes and martyrs and harms the interests of the public shall bear civil liability.

Article 25 of the Law of the People's Republic of China on the Protection of Heroes and Martyrs stipulates that close relatives of heroes and martyrs may bring a lawsuit to the people's court according to law for acts that infringe on their names, portraits, reputations and honors.

if a heroic martyr has no close relatives or his close relatives do not bring a lawsuit, the procuratorial organ shall bring a lawsuit to the people's court against the acts that infringe on the name, portrait, reputation and honor of the heroic martyr and harm the interests of the public.

if the department responsible for the protection of heroes and martyrs and other relevant departments find the acts specified in the first paragraph in the course of performing their duties and need the procuratorial organ to bring a lawsuit, they shall report to the procuratorial organ.

if a close relative of a heroic martyr files a lawsuit in accordance with the first paragraph, the legal aid institution shall provide legal aid services according to law.