Maintaining the Dignity of Heroes and Inheriting the Red Spirit —— Perspective on the Draft Law on the Protection of Heroes and Martyrs with Three Key Words
Xinhua News Agency, Beijing, December 22 nd: Maintaining the dignity of heroes and heroes and inheriting the red spirit-three key words to see through the draft law on the protection of heroic martyrs
Xinhua News Agency reporters Luo Zhengguang, Luo Sha, Lin Hui and Shi Jingnan.
"Is Qiu Shaoyun’s deeds true?" "Can Huang Jiguang really block the loophole?" … … In recent years, under the banner of "reflecting on history" and "restoring the truth", cases of wanton slander and misinterpretation of heroic deeds have occurred from time to time, which have stung the hearts of countless people and desecrated the heroic spirit of dedication to the country and the nation.
On the 22nd, the draft law on the protection of heroic martyrs was submitted to the National People’s Congress Standing Committee (NPCSC) for deliberation for the first time. There will be more perfect legal provisions on the historical merits of heroic martyrs, memorial activities, memorial sites and their maintenance requirements, martyrs’ praise and preferential treatment for survivors, so as to defend the dignity and legitimate rights and interests of heroic martyrs by the rule of law.
Urgency-heroes and martyrs should not be profaned
The deeds and spirit of heroic martyrs are the common historical memory and precious spiritual wealth of the Chinese nation, and are a powerful spiritual driving force for realizing the Chinese dream of great rejuvenation.
Legislation to protect heroic martyrs, in recent years, voices from all walks of life have been rising. At the National People’s Congress in 2017, 251 NPC deputies, Chinese People’s Political Consultative Conference members and some people sent letters, proposing to strengthen the protection of heroic martyrs through legislation.
"Some people vilify, vilify, belittle and question the heroic martyrs in the history of our party and army. The essence is to shake the ruling foundation of the Communist Party of China (CPC) and the Socialism with Chinese characteristics system. These acts must be explicitly prohibited by law." Xu Anbiao, deputy director of the Legal Affairs Commission of the National People’s Congress Standing Committee (NPCSC), said.
The reporter learned that the legislative work on the protection of heroic martyrs was highly valued by the CPC Central Committee and officially launched in April this year.
The draft Law on the Protection of Heroic Martyrs proposes that the state protects heroic martyrs, praises and commemorates them and safeguards their dignity and legitimate rights and interests. The draft clearly stipulates: "It is forbidden to distort, vilify, vilify or deny the deeds and spirit of heroic martyrs."
Yang Lixin, a professor at the Law School of Renmin University of China, said that strengthening the legal protection of the names, reputations and honors of heroes and heroes is of great significance for promoting the society to respect heroes and heroes, promote the good and suppress the evil, and carry forward the socialist core values.
While safeguarding the dignity and legitimate rights and interests of heroic martyrs, whether all kinds of heroic memorial facilities can be well protected and repaired is also the focus of people’s concern.
Remarkably, the legal status of the Monument to the People’s Heroes is clearly defined for the first time in the draft for the protection of heroes and martyrs, which stipulates that its name, inscription, inscription, relief, graphics and signs are protected by law. At the same time, the draft also provides for the protection, opening and management of other memorial facilities for heroic martyrs.
Xie Zhiyong, a professor at China University of Political Science and Law, said that at present, laws protect both material and intangible cultural heritage, but there is no legal basis for effective protection of tombs and monuments of revolutionary martyrs, so this legislation is of great significance.
Maintenance-building an all-round system to protect heroes and heroes
With the protection of heroic martyrs entering the legislative process, the main body responsible for safeguarding the dignity and legitimate rights and interests of heroic martyrs will be clarified.
"The deeds and spirit of heroic martyrs have been integrated into the mainstream culture and core values of the Chinese nation and are part of the public interest. As representatives of public interests, people’s governments at all levels have both the right and the obligation to shoulder the heavy responsibility of protecting heroic martyrs. " Xiong Wenzhao, vice president of china law society Legislative Studies Association, said.
According to the draft:
-The civil affairs departments of the people’s governments at or above the county level and other relevant departments shall conscientiously perform their duties and do a good job in protecting heroes and martyrs in accordance with the provisions of laws and regulations.
-Public security, culture, press, publication, radio, film and television, internet information, civil affairs, industry and commerce and other departments have the responsibility to protect the honor and honor of heroes and martyrs in the supervision work.
-when network operators find network information that infringes on the reputation of heroic martyrs, they have the obligation to dispose of it in time.
-any unit or individual has the right to report violations of the legitimate rights and interests of heroic martyrs and other acts in violation of the provisions of this law to the departments of civil affairs, public security, internet information, etc., and the departments that receive the reports shall promptly deal with them according to law.
-establishing a public interest litigation system for cases of infringing on the honor of heroic martyrs, with procuratorial organs as the main body of public interest litigation.
… …
"This will help to build an all-round responsibility system for punishing the rights and interests of heroic martyrs, including administrative responsibility, civil responsibility and even criminal responsibility." Hu Gang, Deputy Secretary-General of internet society of china Law Commission, said.
At the same time, the draft also further clarifies public security and criminal responsibility for illegal acts such as occupying, destroying and defacing memorial facilities for heroic martyrs, insulting and slandering heroic martyrs, and the relevant departments of the people’s governments at or above the county level and their staff members abusing their powers, neglecting their duties and engaging in malpractices for personal gain in the protection of heroic martyrs.
Xie Zhiyong said that in the past, the law did not specify whether the deceased person enjoyed the right of personality. The draft Law on the Protection of Heroes and Martyrs clarified that the names, portraits, reputations and honors of the deceased heroes were protected by law, which provided a more complete legal basis for protecting the rights of personality and reputation of heroes and martyrs.
Inheritance-not just "protecting the name" for heroes and heroes
"Yes ‘ Five strong men of Langya Mountain ’ Damage to reputation is also damage to the spiritual value of the Chinese nation. " On June 27th, 2016, the People’s Court of Xicheng District, Beijing issued a first-instance judgment on the case of infringement of the reputation right of "Five Strong Men of Langyashan", and ordered the defendant to immediately stop the infringement and apologize.
The fall of the gavel is thought-provoking. In fact, the significance of legislation for the protection of heroic martyrs is not limited to "protecting the name" of heroes and martyrs.
Protecting heroes, advocating heroes, both at home and abroad. Xie Zhiyong said that all countries in the world have set up various commemorative days to remember their heroes, and many countries have successively promulgated many bills to commemorate patriots in various historical periods.
"No matter how long time has passed, the heroic name and achievements of the martyrs will last forever." Yao Xiaoying, vice chairman of Guizhou Federation of Literary and Art Circles, believes that the deeds, images and spiritual values of heroic martyrs have been widely recognized by the whole nation, which is a part of the common memory of the Chinese nation, one of the cores of the Chinese national spirit and an important part of the socialist core values.
To protect the heroic spirit, we must carry forward the heroic spirit and inherit the red gene.
To this end, the draft specifically stipulates that the state encourages and supports the research on the deeds and spirit of heroic martyrs, and understands and records history under the guidance of dialectical materialism and historical materialism; The administrative department of education should focus on young students and bring the publicity and education of heroic martyrs’ deeds and spirit into the national education system; The departments of culture, press, publication, radio, film and television, and online information shall encourage and support the creation, production, publicity and promotion of outstanding literature, art, film and television works and publications with heroic deeds as the theme and carrying forward the spirit of heroic martyrs.
Huang Shuyuan, member of Chinese People’s Political Consultative Conference and president of People’s Publishing House, said that such a series of regulations will help to create a healthy atmosphere of respecting, studying and defending heroic martyrs in the whole society, and carry forward the spirit of inheriting heroic martyrs.
In addition, in order to enhance the standardization and ritual of commemorating heroic martyrs, the draft clearly stipulates the establishment of martyrs’ memorial day and the holding of commemorative activities.
Experts believe that this will change the current situation that the protection of the heroic spirit is not fully carried forward, and stimulate the strong spiritual strength of the people of the whole country to realize the great rejuvenation of the Chinese dream of the Chinese nation, so as to constantly win new victories in Socialism with Chinese characteristics in the new era and comfort the heroic martyrs.