The NPC Standing Committee:
At the 31st session of the 12th the National People’s Congress Standing Committee (NPCSC), the draft law on the protection of heroic martyrs was considered for the first time. After the meeting, the Legislative Affairs Commission issued the draft to all provinces (autonomous regions and municipalities) and relevant departments of the central government for comments, and published the full text of the draft on the China People’s Congress website for public comments. The Law Committee and the Legal Affairs Committee of the 12th National People’s Congress jointly held a forum to listen to the opinions of relevant central departments, experts and scholars. The Constitution and Law Committee and the Legal Affairs Committee also went to some places to conduct research and listen to opinions; He also exchanged views with the Central Propaganda Department, the Ministry of Justice, the Ministry of Civil Affairs, the Department of Veterans Affairs, the State Civil Service Bureau and the Legislative Affairs Bureau of the Central Military Commission on issues related to the draft, and made joint research. The Constitution and Law Committee held a meeting on April 8, and deliberated the draft item by item according to the deliberation opinions of the members of the Standing Committee and opinions from all sides. Responsible comrades from the Central Propaganda Department, the Ministry of Justice, the Ministry of Civil Affairs, the Department of Veterans Affairs, the State Civil Service Bureau and the Legislative Affairs Bureau of the Central Military Commission attended the meeting as nonvoting delegates. On April 17th, the Constitutional and Legal Committee held a meeting and deliberated again. The Constitution and Law Committee believes that in order to strengthen the protection of heroic martyrs, safeguard social public interests and promote socialist core values, it is necessary to formulate this law. The draft embodies the spirit of the 19th National Congress of the Communist Party of China, adheres to a distinct value orientation, and is generally mature. At the same time, the following main amendments are put forward:
One,The second paragraph of article 4 of the draft stipulates the responsibility of the civil affairs department for the protection of heroic martyrs. According to the institutional reform plan of the State Council, the responsibility for the protection of heroic martyrs, which was originally undertaken by the Ministry of Civil Affairs, was transferred to the newly established Department of Veterans Affairs. After study, the Constitution and Law Committee suggested that the "civil affairs department" mentioned above be changed to "the department responsible for the protection of heroic martyrs". At the same time, the expressions of other relevant institutions involved in the institutional reform of the State Council stipulated in the draft have also been adjusted accordingly.
Second,Paragraph 2 of Article 22 of the draft stipulates that the names, portraits, reputations and honors of heroic martyrs shall not be infringed by radio or television. Some members of the Standing Committee and departments suggested that movies are also an important media, and corresponding regulations should be made on "movies". After research, the Constitution and Law Committee suggested adding the content that movies should not be used to infringe on the names, portraits, reputations and honors of heroic martyrs.
Third,The first paragraph of Article 23 of the draft stipulates that if online information and other departments find information infringing on the reputation of heroic martyrs, they shall require network operators to take measures such as stopping transmission. Some members of the Standing Committee and departments have suggested that necessary measures should be taken to block the spread of harmful information from abroad, which should be linked with the relevant provisions of the Cyber Security Law; Some departments also pointed out that in order to strengthen the management of harmful information, the regulatory responsibilities of telecommunications and public security departments should be clarified. After studying, the Constitution and Law Committee suggested adopting the above opinions, adding "telecommunications and public security" departments to the regulatory authorities, and adding the stipulation that "the relevant institutions shall be notified to take technical measures and other necessary measures to block the spread of the above information from outside People’s Republic of China (PRC)."
Fourth,Paragraph 3 of Article 25 of the draft stipulates that if a close relative of a heroic martyr brings a lawsuit against the name, portrait, reputation and honor of a heroic martyr, the people’s court shall waive the litigation fee. Some departments and experts have suggested that the method of paying litigation fees has already provided for the reduction and exemption of litigation fees, and this law can no longer provide for it. After study, the Constitution and Law Committee suggested adopting the above opinions and deleting this provision.
Five,Some members of the Standing Committee and the public suggested that in recent years, individuals in the society wore Japanese military uniforms during World War II to take photos and spread them through the Internet, which publicized and beautified the war of aggression, damaged national dignity, hurt national feelings and caused adverse social impact. It is necessary to clarify relevant legal responsibilities and severely crack down. After research, the Constitution and Law Committee suggested that this kind of behavior should be dealt with by strengthening education, management and increasing punishment, and combining with the protection of heroic martyrs, it is suggested to add targeted provisions: "Those who desecrate the deeds and spirit of heroic martyrs, publicize and beautify aggressive wars and acts, stir up trouble, disturb public order, and constitute violations of public security management, shall be punished by public security organs according to law; If it constitutes a crime, criminal responsibility shall be investigated according to law. "
There is still one problem to report. The expression of the scope of heroic martyrs in article 2 of the draft is generally agreed by all parties. At the same time, some members of the Standing Committee, local governments and departments suggested that the scope of heroic martyrs should be defined in the draft, and it was suggested that it should be further defined, and some even suggested that the list system of heroic martyrs should be stipulated. This issue has been studied repeatedly in the process of drafting and deliberation. The heroic martyrs protected by this Law include heroic pioneers and revolutionary pioneers who have made sacrifices and contributions to the country, the nation and the people in modern times, with the focus on countless heroic martyrs that have emerged in the history of the Communist Party of China (CPC), the People’s Army and the People’s Republic of China. To cherish the memory of heroic martyrs and carry forward the spirit of heroism, we are faced with the whole heroic martyrs, including more than 20 million martyrs who died heroically since the democratic revolution in China, and only about 1.96 million of them have been confirmed to be included in the list, so the list of martyrs alone cannot cover more unknown heroes. With regard to the protection of the honorary rights and interests of heroic martyrs, cases that infringe on the honorary honor of heroic martyrs in practice are generally directed at well-known heroic martyrs individuals or groups, and their heroic martyrs’ identities are clear. How to identify and identify heroic martyrs in practical work can be clearly defined by the relevant departments.
In addition, some textual amendments have been made to the draft.
On April 16th, the Legal Affairs Committee held a meeting, and invited grassroots law enforcement and relevant units, as well as some NPC deputies, survivors of martyrs, experts and scholars to evaluate the feasibility of the main system norms in the draft law on the protection of heroic martyrs, the timing of the introduction of the law, the social effects of its implementation and possible problems. The overall evaluation shows that the draft embodies the distinct value orientation of defending heroic martyrs, is conducive to inheriting and carrying forward the spirit of heroic martyrs, and cultivates and practices socialist core values, which is relatively mature. The institutional measures stipulated in the draft, such as the commemoration of heroic martyrs, the protection of memorial facilities, publicity and education, and the honor protection of heroic martyrs, are feasible, and it is suggested that they be implemented as soon as possible. Participants also put forward some specific amendments to the draft and adopted some opinions.
The second review draft of the draft has been revised according to the above comments. The recommendations of the Constitution and Law Committee were submitted to this meeting of the Standing Committee for deliberation and adoption.
Whether the second review draft of the draft and the above report are appropriate, please review.
???? The Constitution and Law Committee of the National People’s Congress
April 25, 2018
关于作者