Luo's civil public interest litigation case of infringement of the reputation and honor of heroes and martyrs
-- Insulting heroes and martyrs on online platforms constitutes a crime of infringing on the reputation and honor of heroes and martyrs, and civil liability shall be borne
keyword
- criminal
- Crimes infringing on the reputation and honor of heroes and martyrs are attached to civil public interest litigation
- Heroes and martyrs
- reputation
- honor
- Web platform
- Apology
Basic facts of the case
In 2021, after watching the "Changjin Lake" movie and documentary, Luo used his Sina Weibo account (more than 2.2 million followers) to post in order to gain attention, insulting the heroic martyrs of the "Ice Sculpture Company" of the Chinese People's Volunteer Army who died in the Battle of Changjin Lake to Resist US Aggression and Aid Korea. The above post was dealt with by the platform due to user reports, and has been read more than 20,000 times before. Luo deleted the post the next day, but the content had been widely disseminated on the Internet, causing strong public outrage. Luo was once a well-known media person, and used the above account to publish 9 posts insulting and ridiculing heroes and martyrs, and his account was disposed of 30 times by the platform. The People's Procuratorate in the suburbs of Sanya City, Hainan Province, filed a civil public interest lawsuit attached to the criminal case, holding that Luo should be investigated for criminal responsibility for the crime of infringing on the reputation and honor of heroes and martyrs, and recommended that he be sentenced to seven months imprisonment, and at the same time requested that Luo be ordered to bear the corresponding civil liability.
On May 5, 2022, the Suburban People's Court of Sanya City, Hainan Province, rendered the (2022) Qiong 0271 Xingchu No. 104 Criminal Attached Civil Judgment: 1. Defendant Luo X committed the crime of infringing on the reputation and honor of heroes and martyrs, and was sentenced to seven months imprisonment (the term of imprisonment is calculated from the date of enforcement of the judgment.) Where detention is carried out before the judgment is enforced, one day of the sentence is to be deducted from each day of detention, i.e., from October 7, 2021 to May 6, 2022); 2. A mobile phone that was transferred with the case is to be confiscated and turned over to the state treasury; III. Luo X, the defendant in the attached civil public interest litigation, shall publicly apologize on Sina.com, the "Rule of Law Daily", and the "People's Liberation Army Daily" within 10 days of this judgment taking effect (the content of the public apology must be reviewed by this court, and if it is not performed within the time limit, this court will publish the main content of the judgment on the above-mentioned websites and newspapers on the application of the plaintiff in the attached civil public interest litigation).
After the verdict was announced, the defendant Luo did not appeal, and the procuratorate did not raise a counter-appeal. The judgment of the first instance came into effect.
Reasons for the Adjudication
The effective judgment of the court held that defendant Luo used insulting language on the Internet to smear the heroic martyrs of the "Ice Sculpture Company" of the Chinese People's Volunteers, negated the core values of socialism and the great spirit of resisting US aggression and aiding Korea, and undermined social and public order, and the circumstances were serious, and his behavior constituted the crime of infringing on the honor and honor of heroes and martyrs. Luo X turned himself in and may be given a lighter punishment in accordance with law, and if he voluntarily admits guilt and accepts punishment, he may be given a lenient disposition in accordance with law. Luo, the defendant in the attached civil public interest lawsuit, as an online "big V", repeatedly publicly made remarks online insulting and derogatory to heroes and martyrs, seriously infringing on the public interest, and shall bear civil liability. Luo voluntarily compensated 80,000 yuan for public welfare undertakings such as commemorating and publicizing the spiritual deeds of the martyrs to resist US aggression and aid Korea, and was recognized.
Summary of the trial
Heroes and martyrs include both individuals and groups, including both famous heroes and martyrs and unsung heroes and martyrs. The heroic deeds of the Chinese People's Volunteers are the common historical memory and precious spiritual wealth of the Chinese nation, and the great spirit of resisting US aggression and aiding Korea transcends time and space, endures time, and is an important embodiment of the core values of socialism. The movie "Changjin Lake" aims to commemorate the heroic martyrs of the "Ice Sculpture Company" of the Chinese People's Volunteer Army, but after watching the movie, Luo posted on the online platform to blatantly distort history, insult and smear the martyrs, hurt public feelings, and seriously undermine social and public order. In this case, judicial means are used to severely punish acts that infringe on the reputation and honor of the heroes and martyrs of the War to Resist US Aggression and Aid Korea, safeguard the public interest, escort the inheritance and promotion of the spirit of patriotism, and promote the cultivation and practice of the core socialist values.
Associate indexes
Article 299-1 of the Criminal Law of the People's Republic of China
Article 185 of the Civil Code of the People's Republic of China
Article 22, Article 25, Paragraph 2 and Article 26 of the Law on the Protection of People's Republic of China Heroes and Martyrs
First instance: Judgment of the Suburban People's Court of Sanya City, Hainan Province (2022) Qiong 0271 Xingchu No. 104 (May 5, 2022)