Recently, the Pishan County People's Court of the Xinjiang Uygur Autonomous Region held a public hearing in accordance with law and rendered a first-instance judgment, found that defendant Li Mouxian had committed the crime of infringing on the honor and honor of heroes and martyrs, sentenced him to seven months in prison, and ordered him to make a public apology through the domestic media within ten days from the effective date of the judgment to eliminate the impact.
Defendant Li Mouxian is a self-media practitioner. On July 15, 2021, Li Mouxian stepped on the base of the stone stele engraved with the name of the martyrs' cemetery in the Kangsiwa Martyrs' Cemetery in Setula Town, Pishan County, reclined the stele to pose, and then went to the tomb of Chen Xiangrong Martyrs, stepped on the base of the tombstone with a smile, and compared his hand to a "pistol" to the martyr's tombstone again. At about 12 o'clock on the same day, Li Mouxian publicly released the above photos in the WeChat circle of friends, and a total of more than 5,000 WeChat friends could be seen. A number of WeChat friends pointed out that the photo content was disrespectful to the martyrs, and Li Mouxian deleted the content. At about 14:00 on the same day, in order to obtain traffic attention, Li Mouxian once again posted the photo to the headline personal account of today, which spread rapidly on the Internet and spread in large quantities, triggering a strong reaction from the public and causing a bad impact.
It was found that the Consiwa Martyrs Cemetery in Pishan County was built in May 1965; on June 21, 2017, the Pishan County People's Government listed the Kangsiwa Martyrs Cemetery as a county-level cultural relics protection unit. In June 2020, Chen Xiangrong was named a martyr; in February 2021, the People's Liberation Army Daily published a report posthumously remembering Chen Xiangrong and the other three people for first-class merit.
After trial, the court held that defendant Li Mouxian openly flouted state laws, trampled on the base of the stone stele of the martyrs' cemetery, reclined on the stele body, stepped on the base of the tombstone, posed indecent gestures and disrespectful postures to take pictures, and uploaded them to the Internet twice, causing a large amount of dissemination and spread, causing strong indignation among the public, harming the national and historical feelings of the public, harming the public interest, and the circumstances were serious, and his behavior had constituted the crime of infringing on the honor and honor of heroes and martyrs, and should be punished according to law. The facts of the public prosecution organ's accusation that Li Mouxian committed the crime of infringing on the honor and honor of heroes and martyrs are clear, the evidence is credible and sufficient, and the charges are established and supported.
The court held that the deeds and spirit of heroes and martyrs are the historical memory and precious spiritual wealth of the Chinese nation, and a powerful driving force for realizing the great rejuvenation of the Chinese nation, and it is necessary to remember heroes, advocate heroes, defend heroes, learn from heroes, and care for heroes, and all kinds of acts of distorting, vilifying, desecrating, and slandering heroes and martyrs should be condemned by all sectors of society. As a citizen of the People's Republic of China, Li Mouxian should have a general understanding and awareness of the spiritual values contained in the martyrs' cemetery and heroes and martyrs. However, for personal purposes, it has caused the rapid proliferation of photos related to blasphemy of martyrs in cyberspace, causing a bad social impact, insulting the honor of martyrs, hurting the feelings of martyrs' relatives and the public, harming the public interest and the order of social moral evaluation, and the consequences are serious, and they should bear corresponding civil legal responsibilities in accordance with law. The procuratorial organs demanded that The subject of the attached civil public interest litigation that ordered Li Mouxian to publicly apologize and eliminate the impact in the national media was qualified, the procedure was legal, the request was reasonable, and it was supported.
The court accordingly rendered the above-mentioned judgment in accordance with law.
Source: People's Court Daily