[4] Compiled from: Red Star News
 
Case review
On July 15, 2021, defendant Li Qixian, at the Kangxiwa Martyrs Cemetery in Satula Town, Pishan County, Hotan Prefecture, Xinjiang, first stepped on the base of the stone tablet engraved with the cemetery's name, leaned against the tablet for a photo, then went to the tomb of martyr Chen Xiangrong, smiling while stepping on the tombstone base, and posed again with his hand shaped like a "pistol" aimed at the martyr's tombstone.

 
 

Around 12:00 on the same day, Li Qixian publicly posted the aforementioned photos on WeChat Moments (with over 5,000 WeChat friends). After multiple WeChat friends pointed out that the content showed disrespect to heroic martyrs, he deleted the content. To gain traffic and attention, around 14:00, Li Qixian reposted the photos to his Toutiao personal account "Xiaoxian Jayson." The photos quickly spread online, sparking strong public outrage and causing adverse effects.
 
After discovering this, Xinjiang procuratorial authorities took immediate measures, condemned the inappropriate behavior, guided public opinion, and urged public security organs to file a case for investigation against Li Qixian on July 22. The Pishan County People's Procuratorate legally intervened in the investigation in advance.

 
 

At the same time, the Autonomous Region People's Procuratorate, in conjunction with the Urumqi Military Procuratorate, filed a public interest litigation case and initiated an investigation. On September 30, the procuratorial authorities legally initiated a public prosecution against Li Qixian and filed a criminal附带 civil public interest lawsuit. During the trial, Li Qixian retracted his previous guilty plea and refused to confess. The procuratorial authorities legally proposed a sentencing recommendation of seven months' imprisonment. After the court hearing, the People's Court adopted the procuratorial authorities' prosecution opinion and sentencing recommendation, issuing 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 299-1 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 netizen "@Zuoyeben" defaming the reputation of martyr Qiu Shaoyun, to the netizen "Labi Xiaoqiu" slandering and belittling the heroes guarding the border, to the netizen "Luo Mouping" insulting the martyrs of the Chinese People's Volunteers in the War to Resist U.S. Aggression and Aid Korea—regardless of whether their actions were maliciously intended, their behavior has hurt national sentiments and crossed the bottom line of the rule of law. Moreover, in recent years, we have consistently emphasized that cyberspace is not a lawless place, and one should not assume that the virtual space is free from responsibility. On the contrary, due to the rapid dissemination of information online and the large number of people it reaches, once a negative impact occurs, its social harm is even greater. Whether they are "big V" or "small V" influencers, and regardless of the method used, insulting and defaming the reputation of heroes and martyrs or desecrating their spirit will inevitably come at a price.
 
As General Secretary Xi Jinping said: "A hopeful nation cannot be without heroes, and a promising country cannot be without pioneers."