Law of heroic martyr protection sets the 25th times, to the full name of martyr of enroach on hero, effigies, reputation, honorary behavior, the close relative of heroic martyr is OK to forensic to lodge a complaint. Heroic martyr is near perhaps without close relative belong to not of to lodge a complaint, procuratorial work mechanism is opposite lawfully the full name of martyr of enroach on hero, effigies, reputation, honorary, damage a society the behavior of public interest to forensic to lodge a complaint.
Spot of front courtyard careful
Masses net Yantai on June 26 dispatch, on June 26, courtyard of civil code of Yantai city intermediate person made public open a court session to try procuratorate of Yantai city people to appeal to one case of litigation of commonweal of authority of Xu Mou reputation, adjudge on the court. This case is " rights and interests of martyr of hero of People's Republic of China protects a law " since applying, shandong saves first heroic rights and interests of the court decision to protect commonweal contentious case.
On April 21, 2018, beijing tells a state Ou Yongle inn presses down village of De Ren Wu some company factory building breaks out fire. Receive alarm hind, beijing rapid assign firemen drives 119 command center go to fire spot to undertake dealing with. Because body of the side wall austral plant area collapses suddenly, be being broken by wall body in the firemen Zhang Xin of rush to save life and property, bury press in brickbat rubble. Hind although main rescue, but because the condition of an injury is overweight, zhang Xin is brave sacrifice. On April 24, zhang Xin is by Beijing government assess martyr.
Commonweal lawsuit prosecutes a person
On April 29, netizen Xu Mou uses number of its mobile phone to log onto sina small gain through this person mobile phone, release opinion on public affairs of extreme sex, affront sex, baleful and abuse Beijing connects the firefighter of the sacrifice in city fire, cause netizen indignation, cause undesirable effect.
After Yantai police receives a netizen to inform against, begin the work quickly, its subpoena arrives case, xu Mou publishs the fact of illegal opinion on public affairs to admit on the net to its. On May 4, xu Mou is in lawfully by mechanism of local public security because of provoke affray the administrative punishment that detains 5 days with administration.
On May 16, whether does the behavior that procuratorial work mechanism counterpoises with respect to reputation of martyr of Xu Mou enroach on mention civil suit asked for Zhang Xin the opinion of martyr close relative, close relative of Zhang Xin martyr expresses not to mention civil suit. Basis of procuratorial work mechanism " martyr of hero of People's Republic of China is protected " relevant provision, mention civil commonweal lawsuit. Requirement the accused makes an apology publicly on mainstream media, remove an effect.
Adjudgement banquet
Forensic cognizance thinks, xu Mou uses Internet small gain to send watchband to have contumelious disloyal opinion on public affairs, barefaced and abuse martyr, the fact that ill-natured martyr heroism sacrifices, its are small rich is pursued by netizen cut and a large number of transmit are mixed comment, cause abominable effect, make pair of martyr honorary inroad. Xu Mou's behavior not only enroach on the reputation right of martyr Zhang Xin, and the feeling that hurt relatives and friends of Zhang Xin martyr and social community badly, damaged a society public interest, ought to assume the civil responsibility of reputation tort lawfully.
The court adjudicates Xu Mou is in adjudicative become effective inside 10 days, make an apology publicly in media of provincial above news. After adjudging, party both sides all expresses not to appeal on the court.
Spot of front courtyard careful
As we have learned, this case is heroic martyr since protective law is carried out, first when Yantai court accepts commonweal contentious case that violates martyr reputation right, also be juror of new castigatory people since the law is carried out, yantai court comprises the 7 people with 3 judges and 4 juror to make collegiate bench hear a case first.
(primary problem " make an apology publicly! Case of litigation of commonweal of martyr reputation authority is encroached to adjudge since Shandong head " )
