Heroes must not be slandered, the law must not be challenged.

[4] Compiled from: Red Star News
 
Case review
On July 15, 2021, the defendant Li Qixian, inside the Kangxiwa Martyrs' Cemetery in Sailtula Town, Pishan County, Hotan Prefecture, Xinjiang, first stepped on the base of the stone monument inscribed with the name of the martyrs' cemetery, leaned sideways against the monument to pose for photos, and then went to the grave of Martyr Chen Xiangrong, where with a face full of mocking laughter he stepped on the base of the tombstone and posed for another photo with his hand shaped like a “pistol” pointed at the martyr's tombstone.

 
 

At around 12:00 the same day, Li Qixian publicly posted the aforementioned photos on WeChat Moments (visible to more than 5,000 WeChat friends). After multiple WeChat friends pointed out that the content of the photos showed disrespect for heroes and martyrs, he deleted the content. In order to gain traffic and attention, at around 14:00, Li Qixian posted the photos again on his personal Toutiao account “Xiaoxian Jayson.” The photos spread rapidly online, triggering strong public outrage and causing a vile social impact.
 
Upon discovering the incident, the Xinjiang procuratorial authorities took immediate measures, condemned the misconduct, guided public opinion, and urged the public security organ to file a case for investigation against Li Qixian on July 22. The Pishan County People's Procuratorate intervened in the investigation in advance in accordance with the law.

 
 

At the same time, the People's Procuratorate of the Autonomous Region, in conjunction with the Urumqi Military Procuratorate, filed a public interest litigation case and launched an investigation. On September 30, the procuratorial organ initiated a public prosecution against Li Qixian in accordance with the law and filed a criminal incidental civil public interest lawsuit. During the trial, Li Qixian retracted his original guilty confession and refused to plead guilty, and the procuratorial organ submitted a sentencing recommendation of seven months' imprisonment in accordance with the law. After the People's Court held a hearing, it adopted the procuratorial organ's prosecution opinions and sentencing recommendation and made the following judgment.
 
 
[1] Court Opinion
After a public trial in accordance with the law, the Pishan County People's Court issued a first-instance judgment, finding the defendant Li Qixian guilty of the crime of infringing on the reputation and honor of heroic martyrs, sentencing him to seven months' imprisonment, and ordering him to publicly apologize through domestic media within ten days of the judgment taking effect to eliminate the impact.

 
 

 
Article 299A of the Criminal Law of the People's Republic of China
 [Crime of Infringing on the Reputation and Honor of Heroic Martyrs] Whoever insults, slanders, or otherwise infringes on the reputation and honor of heroic martyrs, harming public interests, if the circumstances are serious, shall be sentenced to up to three years' imprisonment, criminal detention, public surveillance, or deprivation of political rights.
Article 26 of the Heroes and Martyrs Protection Law
Anyone who insults, defames, or otherwise infringes upon the name, likeness, reputation, or honor of heroes and martyrs, thereby harming the public interest, shall bear civil liability in accordance with the law; if the act constitutes a violation of public security administration, the public security authorities shall impose public security penalties in accordance with the law; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law.

 
 

 
[1] The author's perspective
From the case of the netizen “@Zuoyeben” who insulted the reputation of Martyr Qiu Shaoyun, to the netizen “Labi Xiaoqiu” who defamed and disparaged the heroes guarding the nation and its borders, and further to the netizen “Luo Mouping” who insulted the heroes of the Chinese People’s Volunteers during the War to Resist U.S. Aggression and Aid Korea, regardless of whether they acted with subjective malice, their actions have wounded national sentiment and crossed the bottom line of the rule of law. Moreover, in recent years we have consistently emphasized that cyberspace is not a lawless domain, and one should not assume that a virtual space exempts one from responsibility. On the contrary, given the current speed of online dissemination and the vast number of people reached, once a harmful impact occurs, its social harm is even greater. Whether a “big V” or a “small V,” and regardless of the means employed, insulting or defaming the reputation of heroes and martyrs, or desecrating their spirit, will inevitably exact a due price.
 
As General Secretary Xi Jinping has said: “A nation that has hope cannot be without heroes, and a country that has a future cannot be without pioneers.”