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Top court protects heroes, martyrs

Guidelines issued ahead of Army Day highlight support for soldiers' welfare

By Cao Yin | China Daily | Updated: 2024-08-01 09:38

The Supreme People's Court has directed courts nationwide to support high-quality military development by continuing to give strong protection to heroes and martyrs, with severe punishment for those who violate legitimate rights and interests.

The requirement was reiterated by China's top court ahead of Army Day, which falls on Thursday. It gave details of five cases to show that a fair and efficient judiciary resolutely safeguards the interests of national defense and the rights of soldiers and their families.

In one case, prosecutors initiated public-interest litigation against a man surnamed Zeng after finding that he spread untrue and improper comments about the deeds of People's Liberation Army border guards in defending Chinese territory in a WeChat group with more than 200 members in February 2021.

Zeng's behavior was identified as slandering and vilifying the reputation and honor of heroes and martyrs in line with the Civil Code, and a grassroots court ordered him to make a public apology on media platforms to bear civil liability.

Saying it was a typical case in the protection of heroes and martyrs, the top court said: "Military people make contributions to the defense of our border areas, and some even sacrificed their lives. Their dedication and spirit should be remembered and honored by all of us, meaning no one is allowed to deface or trample on them.

"Zeng's punishment has also shown our firm judicial determination to fight against defamation and slander of the reputation and honor of heroes and martyrs, which will help create a sound environment for respecting heroes in society."

The fight against crimes that harm the country's defense interests has also been intensified in recent years.

In another case released by the top court, a defendant surnamed Xu was sentenced to two years and six months in prison, along with a fine of more than 82,000 yuan ($11,300), for destroying military facilities.

The judgment was made after Xu was found to have used a power drill to steal jet fuel from a military pipeline in September last year, resulting in the loss of 9 metric tons of fuel and damage to the facility.

The top court said military equipment refers to buildings, places and facilities used by the country for military purposes and it is protected by laws and regulations.

"If these items are damaged, it will not only cause economic losses, but also destroy the generation and promotion of military combat effectiveness," it said.

Xu was ordered to pay the fine to repair the pipeline and make up the economic losses, in addition to serving the prison term, it added.

While meting out harsh punishment to such violators and criminals, courts at all levels have also been required to offer legal aid and quick channels for soldiers to help them solve problems in a timely manner.

For example, for service people and their families whose rights are infringed upon and who are faced with difficulties in their everyday lives, courts should give priority to assistance, the top court said.

For military personnel facing disputes involving remuneration or traffic accidents, courts also need to streamline case handling procedures to ensure their legitimate rights can be protected efficiently, it added.

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